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Home My WebLink About046-86f9 TOWN OF NANTUCKET C), /�0 BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 July 25, 1986 Re: NANTUCKET ROOST ASSOCIATES (046 -86) 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. c La.. - -1 William R. Sherman, Chairman BOARD OF APPEALS BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, JULY 11, 1986 at 1:30 p.m. in the Town and County Building, Nantucket, made the following Decision upon the Application of NANTUCKET ROOST ASSO- CIATES (046 -86) address c/o Glidden and Glidden, 37 Centre Street, Nantucket, MA 02554. 1. Applicant appeals from the Decision of the Building Inspector, being aggrieved by inability to obtain a building permit. Applicant seeks a building permit for restructuring stairways and partitions of the "Cliff House" to put two rentable rooms into regular use with egress provisions complying with the Massachusetts Building Code. The premises are located at 9 CLIFF ROAD, Assessor's Parcel 42.4.4 -59 and zoned RESIDENTIAL -1. 2. Our findings are based upon the Application papers, the record before the Building Inspector here consisting of letters dated February 11 and March 12, 21 and 27, 1986 (an extra set of the proposed floor plans enclosed with the 2/11/86 letter being marked to show pro- posed changes), viewing, and testimony, representations and counsel's memorandum. This matter was continued from our initial hearing of May 309 1986 to June 27, 1986, then to July 11, 1986, having received counsel's letter of June 27, 1986 waiving constructive grant rights until August 1,1986. 3. According to testimony of Mrs. Lynch, Applicant's predecessor, the first floor of the structure contained the manager's apartment plus one guest room. On the second floor were 4 guest rooms and , on the third, 6, for a total of 11. These predated mid -1972 zoning. In 1980, one room on the second floor and one on the third floor were required, for compliance with the Mass. Building Code (and Fire Code) il (046 =86) -2- to be used as common areas or passages so that the remaining rooms would have dual egress through common areas or passageways to ground level for safety. From that time, the guest house was licensed for use of 9, not 11, rooms. 4. We are told by counsel, however, that the two rooms in ques- tion were,in fact, used on a spradic basis to meet exceptional over- flow conditions arising since 1980. AccornWated thus were occasional overbookings, guests overstaying a reservation, children of guests and unexpected late -boat arrivals. Beds were available for such uses. 5. Alternatively, Applicant's predecessor might have installed an exterior staircase (but anticipated opposition to this from the Historic District Commission), undertaken the partition and stair- case renovations Applicant here proposes (evidently not thought of), challenged the 1980 ruling (administratively or in court, e.g., on grounds set forth in counsel's memorandum for our July 11, 1986 meeting) or simply conformed to the license limitation. In any event, our record shows no effort by the Town authorities to enforce the limitation to 9 guest rooms nor any evidence contradicting the asserted continuance of a sporadic use. On this record, we have no final determination of illegality nor bad faith in challenging the ruling by non - compliance. 6. Where Applicant asserts that the off - street parking spaces required by the Zoning By -Law have always been available on the pre- mises, no question is presented of a claim to grandfathering of any non - conformity in this respect. Applicant will presumably comply with the parking requirement corresponding to 11 rental guest rooms. 7. We are persuaded by counsel's memorandum that continuance of the pre- existing, non- conforming use of the two guest rooms is not barred by the 1980 ruling. While an open challenge or strict compliance would be far more commendable, and the Building Inspector properly put Applicant to a proof of asserted rights under zoning, we are constrained (046 -86) -3- to hold for Applicant. 8. Upon motion to reverse the Building Inspector's position in this matter, the vote of this Board was UNANIMOUS. Accordingly, the Decision is REVERSED. Dated: July 25, 1986 Nantucket, MA 02554 i William R. Sherman Dorothy D. Vollans C fL C. Marshall Be le 2�turrq� ar, yrL Z 4. Mrs. Madelyne Perry, Town Town of Nantucket Town & County Building Broad Street Nantucket, Massachusetts Dear Mrs. Perry: Clerk 02554 ,t,- W./m, Mew cal° &W. 02a�,f,- (617) 228 -0771 April 7, 1986 RE: No. 9 Cliff Road "Cliff Lodge" J.2 PLEASE TAKE NOTICE THAT the owners of the Cliff Lodge situate at 9 Cliff Road, Nantucket, Massachusetts have been aggrieved by reason of their inability to obtain a permit for the renovation of the above said premises including a change to the stairways, and by reason of the decision of the Building Inspector that the pre- existing non - conforming use of two rooms was abandoned in 1980 as purported in his March 27, 1986 letter to Mssrs. Dale and Glidden. The denial, order and decision of the Building Inspector relative to this matter are arbitrary, capricious, and based on an untenable position of law all in violation of the Nantucket Zoning By -law and the Massachusetts General Laws. i Please let this letter serve as formal notice of appeal pursuant to Nantucket Zoning By -law Section 139 -31(A) 4 (B). DJM /bad cc Kevin F. Dale, Esquire Very truly avid � ttIy. BUILDING INSPECTOR TOWN BUILDING ANNEX 2 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Kevin F. Dale, Esquire Whalers Lane Nantucket, MA 02554 James K. Glidden, Esquire 37 Centre Street Nantucket, MA 02554 Dear Sirs: Telephone 228 -0588 March 27, 1986 Re: No. 9 Cliff Road 11C Lodge In response to your letter of March 21, 1986, I offer the following: 1. The Cliff Lodge owners were told to cease renting the two rooms in 1980 because guests in the other rooms had to pass through them to get to the exits in case of emergency. 2. Mr. and Mrs. Lynch chose not to modify their build- ing at that time to be able to continue renting the rooms. For example, they could have done what is now proposed or they could have made another kind of modification to meet the Building Code requirements for proper exits. 3. Therefore use of those two rooms was abandoned in 1980 and the owners now have to go to the Board of Appeals under Zoning Code 139 -33 to expand a non- conforming use. If you have any further questions, please do not hesitate to call or write. Sincerely, Carl F. Borchert Building Inspector. CFB:AH a:, , . �c, S: - it /ct -neoJ� al ��r�r d7 �eirGr� `fitfG ((ili) 2`2',3 -0771 cr' April 7, 1986 Mrs. Madelyne Perry, Town Clerk Town of Nantucket !'own 6 County Building " >t . _ et Wssachuset t s 0255-1 RE: NO. 9 Cliff Road "Cliff= Lodge" Hoar Mrs. Perri': PLEASE TAKE NOTICE THAT the owners of the Cliff Lodge situate at 9 C Road, Nantucket, Massachusetts have been aggrieved by reason of their inability. to o5tain a permit for the renovation of the above said premises including a change to the stairways, and by reason of the decision of the Building Inspector that the pre - existing non- conforming use of two rooms was abandoned in 1980 as purported in his March 27, 1986 letter to Mssrs. Dale and Glidden.. The denial, order and decision of the Building Inspector relative tc this matter are arbitrary, capricious, and based on an untenable position ,' la(; all in violation of the Nantucket Zoning By -law and the Massachusetts General Laws. Please let this letter serve as formal notice of appeal pursuant tc, Nantucket Zoning By -law Section 139 -31(A) 6 (B). D.1 m b W cc Kevin F. Dale, Esquire Very truly yours, i avid g etti, L In $100. Uo ,-' 1-1 s c " " 0 . -- P1 L,ICATION TO THE BOAIZD OF i�P, EALS o t f7 the Board Of Appeals: The undersigned hereby applies for relief j (BUILDING CODE) on proper t,,,, -,caLion C)lt 1 c uper t y I Cliff Mar)-.42.4.4 59 zoned for e of structure (Existing or Proposed) or Proposed use: Lx - S s did you acquire this property?._],),_, - P I i c, 1 ion been filed at Building Depurtjjjent-, e------ — - - -- - appel-il been made? No or ( -'ode from which relie,, of J�ucsuallt to 51;9 -31 S I 1',.J relief:— See :Notice of Appo -al I-ece �;ec,, 1), 110 a F'RANCIS F, KATHERINE LYNCH and NANTUCKET -----Si tutee TD C a n R 0 0 ST ASSOCIATES By "Their .Attorney: )A01 D J. N1 list Of7 the names and acidre,sseS of �1 C,-) nd owner abutting the abutters. check in the amount of S 100. ,)L) Of Nantucket. cop.les of the applicatl011 01- 10'..;:t'_011 0f the p r o p e r t- C 1- C� the is Other t1han t e C� ,,,our authority to make this a:--, t i( BOARD'S DEC ISIC,[,,, submitted to Board a t e S i F1 g date S ) )ecision of i3oird f -i 1cd with LA',e '!'Own Clerk t )'.T il� ,.o;t�P- . ,; BUILDING INS flit CTOIZ "TOWN BUILDING ANNEX 2 E I I ES'FN IJ'I SIR E -1, 1 \'`�;, -ice? =� ^ •; N /1NTUCKE-T, ,NI- ASSACHUSETA'S 02554 111cphonc 225 -0588 March 27, 90, Kevin F. Dale, Esquire ire: No, 9 Cliff Whalers Lane "Cliff - Nantucket, PIA 02554 Janes K. Glidden, Esquire L''i 37 Centre Street Nantucket, MA 02554 Dear Sirs: In response to your letter of March 21, 1986, I offer the rc'ic�i�,_: 1. The Cliff Lodge owners were told to cease renting, the two rooms in 1980 because guests in the other rooms had to pass through them to get to the e>:it in case of emergency. 2. Mr. and Mrs. Lynch chose not to modify their build- ing at that time to he able to continue rentine the rooms. For example, they could have One WPOL is now proposed or they could have made another kind of modification to ;;feet the Building Cod: requirements for proper exits. 3. Therefore use of those two rooms was abandoned in 1980 and the owners now have to go to the Board of Appeals under- "Zoning Code 139 -33 to expand a non- conforming use. If you have any further questions, please do not hesitate tc call write. CFB : All Sincerely Carl F. I archu t Building Inspuctoi- 1:111C I'm in the in')tlC'. O! ':!1C ;)('.l t: C-) t" ' �, '� F�AN�,S J^�/f'AT/lEnii ✓� L �C.f�. —��_✓� .�AHTUCk��sTAZ�� - - -__ - ..__ ✓A��Tz<C,k�� - -- f-- - - - - -- Locus 12.44 -59 42.4.4 -3 David Carney 315 So. Glenhurst Ave. Birmingham, MI 48009 -15 Albert L. & Gladys M. Silva 6 Gardner Road Nantucket, MA 02554 -16 Edith Never Ranney -58 Cherry Lane Morristown, NJ 07960 -17 . Jamec C. Bushby and James F. Brayton, "Trustee_; P. 0. Box 3860 Stamford, CT 06905 -18 Mrs. James F. Brayton P. 0. Box 247 Adamsville, RI 02801• -19 Elizabeth D. Little R.F.D. 1 Lincoln, MA 01773 -20 William Stone & Elizabeth S. Wooden Box 3492 - University Station Charlottesville, VA 22901 -21 Robert B. & Barbara M. Bowman P. 0. Box 628 Nantucket, MA 02554 -22 Valerie Perry c/o Albert C. F, Val Perry 6 Cliff Road Nantucket, MA 02554 -23 Sunshine Design, Inc. 7 Darling Street Nantucket, MA 02554 -24 Ellen L. Ramsdell 67 Center Street Nantucket, MA 02554 42.4.4-27 Richarc L. C/o Jamc_- Nant.:ck2 -- -54 C1i f C/o Urban L! V j ;: _ 327 Nest ,o_... New Canaan, CT &�Fa g -54.1 Madakei Ccnsc. vat- _.. _... -.. C/o Susanne }IeKOK 60 San S'.,_ -54.2 Carl S. Gevi 1730 K. Strcc' , N, . , Washington, DC = wo, -55 Grace H. Spec— -70 Londwood Towers - -. ; .. 20 Chapel Street Brookline, ` A 02116 -56 Daintry C, Julius Jen_ up 1K 21 Dexter Street Dedham, :NA 02026 -57 Barbara D. A -71 De:auldunnO: 13 C l i fr Kva'. Nantuckc' -6(? El i zahet.. _.. /o worry K. .: 5- Parke. -61 Century House kgaj P. 0. box r - Cliff Nontucku -..- -62 John M. 350 Green F . Nest;�ort , -25 Robert E. & Adele S. Epple -26 86 Centre Street -63 Ant oon . -! , . Nantucket, Mn 02554 51 -�'• �)` th O:'r?;1(i,rl;r ��11 ti1 ,:l'. ..:�d U%r�•i�e t � iv a �..�i re t o�.' -s of land u•>thin ?SO :e,'! of t; P',` ; :le uePt OPpl; cable TAX list. s ;�e'r r: cc A0 rage 1 of 2 i i -oard of �.ppeal�3 !...-. of antics in .i!lC'revt in the inattc,r of Ch;2 ')C;liiO;; G": c5_s�oc�A7r� 42.4.3 -16 Virginia R. $ Robert D. Bretschnider P. 0. Box 1433 Nantucket, MA 02554 -17 James K. Q Ruth J. Varney 177 Springdale Road Princeton, NJ 08540 -18 Charles G. McMullen 1 Chester Street Nantucket, MA 02554 �6 James Jared F Anne 'l. ':ia.. 11 r 7705 Brill Road Cincinnati, OH 4521.7 Edmund T. & Gilda C. 2 Chester Street Nantucket, MA 02554 Judith S. A jeffrcy 16 Dayton Roar'.��' Redding, CT OK _ - Charles S. 8 Chester S;. Nantucket, - -. Alfred E. S F1,_a __ . Lloyd harbor Beardsley Law Huntington, N`' 117 Charles G. Mayhew c/fl Phyllis G. Mayhv',•: 4 Chester Street Nantucket, MA 02551 Martins Guest House .._ , Tr c/o B. Pfeiffc: et z:, _v- 147 Brattle Street Cambridge, MA WISE 1 av nn, the foregoing iS a "S' U: ')Cc'Si i l ANO Ore OV1rC2CS C) :.:�. .;�d o%vners of ln-nd diveetl , cos;._ :Ile P: P; Y '- J �t y '�'PP -,> .o �Li on any 3CrcG, c� .nd ov'7 s of land within °00 feet of the ;�rup;.;;y, ,,11 as they appear on the n o rOcent applicable TAX list. CZ�-� • ss ±�sscr � - - i oV "T1 of N i ;tuc��t Paige 2 of 2 Locus 42.4.4 -59 42.4.4 -64 Robert E. Epple 42.4.3 -19 -65 86 Centre Street Nantucket, MA 02554 -69 John S. f, Aldys S. Chapman -20 c/o Mrs. John S. Chapman -21 16 Cliff Road Nantucket, MA 02554 -22 -72 Harr Flint Ranney P. 0. Rex 597 Nantucket, MA 02554 42.4.1 -35 Robert B. & Barbara M. Bowman P. 0. Box 628 Nantucket, MA 02554 _65 -36 James C. Bushby and James F. Brayton, Trustees P. 0. Box 3860 Stamford, CT 06905 -66 42.4.2 -1 Island Hotels Company c/o Sherburne Associates Zero Main Street Nantucket, MA 02554 -67 42.4.3 -16 Virginia R. $ Robert D. Bretschnider P. 0. Box 1433 Nantucket, MA 02554 -17 James K. Q Ruth J. Varney 177 Springdale Road Princeton, NJ 08540 -18 Charles G. McMullen 1 Chester Street Nantucket, MA 02554 �6 James Jared F Anne 'l. ':ia.. 11 r 7705 Brill Road Cincinnati, OH 4521.7 Edmund T. & Gilda C. 2 Chester Street Nantucket, MA 02554 Judith S. A jeffrcy 16 Dayton Roar'.��' Redding, CT OK _ - Charles S. 8 Chester S;. Nantucket, - -. Alfred E. S F1,_a __ . Lloyd harbor Beardsley Law Huntington, N`' 117 Charles G. Mayhew c/fl Phyllis G. Mayhv',•: 4 Chester Street Nantucket, MA 02551 Martins Guest House .._ , Tr c/o B. Pfeiffc: et z:, _v- 147 Brattle Street Cambridge, MA WISE 1 av nn, the foregoing iS a "S' U: ')Cc'Si i l ANO Ore OV1rC2CS C) :.:�. .;�d o%vners of ln-nd diveetl , cos;._ :Ile P: P; Y '- J �t y '�'PP -,> .o �Li on any 3CrcG, c� .nd ov'7 s of land within °00 feet of the ;�rup;.;;y, ,,11 as they appear on the n o rOcent applicable TAX list. CZ�-� • ss ±�sscr � - - i oV "T1 of N i ;tuc��t Paige 2 of 2 J l Mrs. Madelyne Perry, Town Town of Nantucket Town $ County Building Broad Street Nantucket, Massachusetts Dear Mrs. Perry: i� • i� Ci A c Vii' 1 Clerk 02554 April 7, 1986 RE: No. 9 Cliff Road "Cliff Lodge" PLEASE TAKE NOTICE THAT the owners of the Cliff Lodge situate at 9 Cliff Road, Nantucket, Massachusetts have been aggrieved by reason of their inability to obtain a permit for the renovation of the above said premises including a change to the stairways, and by reason of the decision of the Building Inspector that the pre- existing non - conforming use of two rooms was abandoned in 1980 as purported in his March 27, 1986 letter to Mssrs. Dale and Glidden. The denial, order and decision of the Building Inspector relative to this matter are arbitrary, capricious, and based on an untenable position of law all in violation of the Nantucket Zoning By -law and the Massachusetts General Laws. Please let this letter serve as formal notice of appeal pursuant to Nantucket Zoning By -law Section 139 -31(A) $ (B). Very truly yours, avid etti, Att'y. DJM /bad cc Kevin F. Dale, Esquire BUILDING INSPECTOR TOWN BUILDING ANNEX 2 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Kevin F. Dale, Esquire Whalers Lane Nantucket, MA 02554 James K. Glidden, Esquire 37 Centre Street Nantucket, MA 02554 Dear Sirs: "Telephone 228 -0588 March 27, 1986 Re: No. 9 Cliff Road "Cliff Lodge" In response to your letter of March 21, 1986, I offer the following: 1. The Cliff Lodge owners were told to cease renting the two rooms in 1980 because guests in the other rooms had to pass through them to get to the exits in case of emergency. 2. Mr. and Mrs. Lynch chose not to modify their build- ing at that time to be able to continue renting the rooms. For example, they could have done what is now proposed or they could have made another kind of modification to meet the Building Code requirements for proper exits. 3. Therefore use of those two rooms was abandoned in 1980 and the owners now have to go to the Board of Appeals under Zoning Code 139 -33 to expand a non- conforming use. If you have any further questions, please do not hesitate to call or write. Sincerely, Carl F. Borchert Building Inspector CFB:AH -A;-- L_W NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, MAY 302 1986 at)2.:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET on the Application of NAN- TUCKET ROOST ASSOCIATES (046 -86) appealing from the March 27, 1986 decision or order of the Building Inspector under SECTION 139 -31 A and B of the Zoning By -Law., against issuance of a building per- mit to renovate and restore to use two guest rooms allegedly non- conforming and abandoned in 1980. The premises are at 9 CLIFF ROAD ( "CLIFF LODGE "), ASSESSOR'S PARCEL 42.4.4 -59, and zoned RESIDENTIAL -1. William R. Sherman, Chairman BOARD OF APPEALS X13 -1 E'LE_ $100.00 Case APPLICATION TO THE BOARD OF APPEALS Nantucket, Massachusetts '!'o the Meinbei:s of the Board of Appeals: The indersigned hereby applies for relief from the grins of the (`L,ONING BY- L,AW) (BUILDSNG CODE) on property described below: Location of Property 9 Cliff Road _ �v • _ Assessor's Map_ 42.4.4 — x1 nxVux Parce-1 59 District is zoned for n , I'yPe of structure(Existing or Proposed) or proposed use: Existin )11,':1C' r ' s Name N�ntucket�Zoest ASSecigt,�_ -- - - - - -- -------------- - - - - -- - - - -- - :ner's Address- ---QLQ—G_1idden & Glidden -_ P • � • - hen did you acquire this property? 1986 iias applic,ition been failed at Building Department ?_ Yes ii<is any previous appeal been made? No - -_ - -- L;ection )f By -I,aw or Code from which relief is rec;ucstedc_APpeal —of Building Inspector pursuant to §139 -31. for asking relief: See Notice of Appeal received by the Town Clerk on April 7, 1986 _a copy of which annexed h. eto -and Ada —parrtof this Appl- cat.ion— FRANCIS 6 KATHERINE LYNCH and NANTUCKET -_-AAVVID tine �plicant ROOST ASSOCIATES By Their Attorney: J. M T I (1) A list of the names and addresses of each abutting and owner abutting the abutters. (2) A. check in the amount of $100.00 made payable to the 'Down of Nantucket. (J) !-'our copies of the application and a iiiap or plan shor'l n�; the location of the property to be con :;i.. crid. If the is other than the C)ti,jn�21 your authority to make this applicati�;n. BOARD'S DECISION Application submitted to Board :'ldvertisirlq dates 1!earing date (S) - -- Decision of Board 7ecision filed with the Town Clerk acre rv�ct�!!o Mrs. Madelyne Perry, Town Town of Nantucket Town & County Building Broad Street Nantucket, Massachusetts Dear Mrs. Perry: Clerk 02554 (617) 228 -0771 April 7, 1986 RE: No. 9 Cliff Road "Cliff Lodge" PLEASE TAKE NOTICE THAT the owners of the Cliff Lodge situate at 9 Cliff Road, Nantucket, Massachusetts have been aggrieved by reason of their inability to obtain a permit for the renovation of the above said premises including a change to the stairways, and by reason of the decision of the Building Inspector that the pre- existing non - conforming use of two rooms was abandoned in 1980 as purported in his March 27, 1986 letter to Mssrs. Dale and Glidden. The denial, order and decision of the Building Inspector relative to this matter are arbitrary, capricious, and based on an untenable position of law all in violation of the Nantucket Zoning By -law and the Massachusetts General Laws. Please let this letter serve as formal notice of appeal pursuant to Nantucket Zoning By -law Section 139 -31(A) � (B). Very truly yours, avid etti, t'y. DJM /bad cc Kevin F. Dale, Esquire 02t N� �,9pOIRA, BUILDING INSPECTOR TOWN BUILDING ANNEX 2 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Kevin F. Dale, Esquire Whalers Lane Nantucket, MA 02554 James K. Glidden, Esquire 37 Centre Street Nantucket, MA 02554 Dear Sirs: Telephone 228 -0588 March 27, 1986 Re: No. 9 Cliff Road "Cliff Lodge." In response to your letter of March 21, 1986, I offer the following: 1. The Cliff Lodge owners were told to cease renting the two rooms in 1980 because guests in the other rooms had to pass through them to get to the exits in case of emergency. 2. Mr. and Mrs. Lynch chose not to modify their build- ing at that time to be able to continue renting the rooms. For example, they could have done what is now proposed or they could have made another kind of modification to meet the Building Code requirements for proper exits. 3. Therefore use of those two rooms was abandoned in 1980 and the owners now have to go to the Board of Appeals under Zoning Code 139 -33 to expand a non- conforming use. If you have any further questions, please do not hesitate to call or write. Sincerely, Carl F. Borchert Building Inspector CFB:AH G C F N, .s r,7 -1 . � U L l` oard of Appeals ::arties in :: arrest in trc rnatter of thie petitic +n F�A�� J'ATN��✓E GGf✓ AiY�il/TGf ��GUSTiAT� — - -- 77. /✓ANTUcK�T p.2 SS Locus 42.44 -59 42.4.4 -3 David Carney 315 So. Glenhurst Ave. Birmingham, MI 48009 -15 Albert L. & Gladys M. Silva 6 Gardner Road Nantucket, MA 02554 -16 Edith Never Ranney -58 Cherry Lane Morristown, NJ 07960 -17 Jamec C. Bushby and James F. Brayton, Trustees P. 0. Box 3860 Stamford, CT 06905 -18 Mrs. James F. Brayton P. 0. Box 247 Adamsville, RI 02801 -19 Elizabeth D. Little R.F.D. 1 Lincoln, MA 01773 -20 William Stone $ Elizabeth B. Weedon Box 3492 - University Station Charlottesville, VA 22901 -21 Robert B. $ Barbara M. Bowman P. 0. Box 628 Nantucket, MA 02554 -22 Valerie Perry c/o Albert C. & Val Perry 6 Cliff Road Nantucket, MA 02554 -23 Sunshine Design, Inc. 7 Darling Street Nantucket, MA 02554 -24 Ellen L. Ramsdell 67 Center Street Nantucket, MA 02554 42.4.4 -27 Richard L. & Daniele•Cumbie c/o James Glidden 37 Centre Street Nantucket, MA 02554 -54 Cliff Cottage Trust c/o Urban Living .Assoc. 327 West Road New Canaan, CT 068404 -54.1 Madaket Conservation Land Tr,is c/o Susanne Howard 60 State Street Boston, MA 02109 -54.2 Carl S. Gewirz 1730 K. Street, N.W. Washington, DC 20006 -55 Grace H. Speer -70 Londwood Towers - Apt. �06C 20 Chapel Street Brookline, MA 02146 -56 Daintry & Julius Jensen III 21 Dexter Street Dedham, MA 02026 -57 Barbara D. & Juanin Clay -71 Dezaulduondo 13 Cliff Road Nantucket, MA 02554 -60 Elizabeth E. Hall c/o Henry B. Hall 57 Parker Street Newton Center, 111A 02159 -61 Century House Real Estate P. 0. Box 603 - Cli.ff i;oad Nantucket, M.A 0255 -1 -62 John M. Greenberger 350 Green Farms Road Westport, CT 06880 -2S Robert E. & Adele S. Epple -63 Antoon J. & Lillian Khouri -26 86 Centre Street 31 Twitchell Street Nantu-c,ket, MA 02554 the ,a l ! Wellesley, MA 02181 t O Pe1-5(:c!S VIilo .:r, - �.nd ov,•r.ers o� l:•:nd dir��ctl c ,.�si;> tli ,� ,... . - i P1 - prop rty on an; / sc: «Y or of land «'ithin 'GJ fert of the propo'-:,v, ,..11 as they appear on tr , 'cent Ppplicable TAX list. QAs3essor Town of `Nantucket Page 1 of 2 C1; T U C F T `-oard of Appeals L.::_. _f ;a:ties in ilntcre�- ;t in the matter of the petition of: 42.4.4 -64 Robert E. Epple -65 86 Centre Street Nantucket, MA 02554 -69 John S. & Aldys S. Chapman .c /o Mrs. John S. Chapman 16 Cliff Road Nantucket, MA 02554 -72 Harr Flint Ranney P. 0. Box 597 Nantucket, MA 02554 Locus 42.4.4 -59 42.4.3 -19 42.4.1 -35 Robert B. & Barbara M. Bowman P. 0. Box 628 Nantucket, MA 02554 -36 James C. Bushby and James F. Brayton, Trustees P. 0. Box 3860 Stamford, CT 06905 42.4.2 -1 Island Hotels Company c/o Sherburne Associates Zero Main Street Nantucket, MA 02554 42.4.3 -16 Virginia R. $ Robert D. Bretschnider P. 0. Box 1433 Nantucket, MA 02554 -17 James K. $ Ruth J. Varney 177 Springdale Road Princeton, NJ 08540 -18 Charles G. McMullen 1 Chester Street Nantucket, MA 02554 -20 -21 -22 -64 -65 :: James Jared $ Anne M. 'Taylor 7705 Brill Road Cincinnati, OH 45243 Edmund T. & Gilda C. Pollard 2 Chester Street Nantucket, MA D2554 Judith S. $ Jeffrey R. Norkin 16 Dayton Road Redding, CT 06896 Charles S. & Phyllis G. Mayhcv, 8 Chester Street Nantucket, MA 02554 Alfred E. & Elizabeth B. Munier Lloyd Harbor Beardsley Lane Huntington, NY 11743 - Charles G. Mayhew c/o Phyllis G. Mayhew 4 Chester Street Nantucket, MA 02554 -67 Martins Guest House Realty Trust c/o B. Pfeiffer et al, Trusted 147 Brattle S-�reet Cambridge, MA 02138 C) y')ec5 :i1�- ',1iIo :1•e O`,'jr 2'C:3 C) lc. aG! ,,..._ ,:r. .'d av;•ners of l:.:nci divlectly ..pP.�si:_ ;11e pr ap;?rty an an-; aY or of land %Within 300 fe;;t of the. PraTJ(_'r;y, z11 as thoy appetir on the o .•(Icent opplicable TAX list. �•ssessar -- Town of Nantucket Page 2 of 2 IR (RAL ANTWT, •off. t' ANTUCKET RRDICSSI ....RCDCKDyO A :'r. LM massaclitisetts 5 2 uw f.w.. F M U a1R1 �� P 1 i K March 21, 1986 HAND DELIVERY Mr. Carl F. Borchert Nantucket Building Inspector Town Building Annex 2 East Chestnut Street Nantucket, Massachusetts 02554 Re: No. 9 Cliff Road, Lodging House Called "Cliff Lodge" Dear Mr. Borchert: We have reviewed your letter of March 12, 1986 (copy enclosed) in which you state that before a building permit could issue to convert two "common areas" to rentable rooms in the Cliff Lodge Guest House, the applicant must obtain a Special Permit from the Board of Appeals. As you know, the two "common areas" you refer to were rentable rooms prior to the enactment of the Nantucket Zoning By -Law and were used by Mr. and Mrs. Lynch as guest house rooms ; continuously after the effective date of the Zoning By -Law. In 1980, the guest house license restricted.,the two rooms from use as guest house rooms because they did not comply with the Massachusetts Fire Code and /or Building Code. Is it your position that Mr. and Mrs. Lynch legally abandoned the prior, non - confirming commercial use of the guest house rooms at issue based upon the restriction in their guest house license and, O Mr. Carl F. Borchert March 21, 1986 Page 2 therefore, such rooms reverted to "common areas "? If so, please confirm your position in writing to us. If this is not your position, please clarify in writing why you have decided that the two guest house rooms are "common areas." Thank you for your attention to this matter. Sincerely, Tames Glidd Fsg ire Kevin /t. Dale, lEsquire BUILDING INSPECTOR TOWN BUILDING ANNEX 2 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 James K. Glidden, Esq. 37 Centre Street Nantucket, MA 02554 VKevin F. Dale, Esq.., Whalers Lane Nantucket, MA 02554 Telephone 228 -0588 Dear Messrs. Glidden and Daler March 12, 1986 Re: No. 9 Cliff Road Lodging House Called "Cliff Lodge" In response to your letter of February 25, 1986, I find that your application to convert two "common areas" to rooms, in one case by reversing a stairway from 2nd to 3rd floor, and in the other case by adding a wall and door on the second floor, constitutes an expansion of a non- conforming use. The non - conformity may be parking, use, ground cover, set backs, etc. Therefore before I could issue a Building Permit to in effect add two rentable rooms, you would have to obtain a Special Permit from the Board of Appeals under Zoning Chapter 139 -33 and maybe other sections. It seems like you would be licensed for about 14 rooms and apart- ment together. Thank you. � r+ art' � �/t e, � +i'.r"?�,,..rp: {.i`i�r?q� 1 f M ,_mod r�i"�A'�' I � • . �• •.. .''';• Sincerely yours, Carl F. "Borchert Building Inspector i CFB : Aii