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HomeMy WebLinkAbout055-86TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 November 20, 1987 Re: Decision in the Application of STONE BARN INN, C 0d 3 Enclosed is a notice of the 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. cc: Building Commissioner Planning Board Town Clerk r William R. Sherman, Chairman BOARD OF APPEALS BOARD OF APPEALS TOWN OF NANTUCKET Clarification of Decision: The Board of Appeals, at a Public Hearing held on Friday, November 13, 1987 at 1:30 P.M. made the following Clarification of its decision upon the Application of Stone Barn Inn Trust -- Daniel F. Nugent, Trustee (055 -86) of 683 Main Street, West Yarmouth, MA, dated July 21, 1986 and recorded in the Nantucket Registry District for the Land Court as Document No. 37964. We amend the language of Paragraph 9 of our said Decision in order that we may make it more clear, and Paragraph 9 shall. read, as follows: 9. We find that the extension of Treehouse did not increase the non- conformity, also that the now- completed extensions and alterations of the uses and structures on the parcel are not substantially more detrimental to the neighborhood. To insure their harmony with the general purpose and intent of the zoning chapter, we condition relief on Applicant complying with the Planning Board's subdivision plans, including the plan entitled "Utility Easement, Parking and Sidewalk Plan of the Stone Barn Inn Property" and drawn by Hart and Blackwell dated October 3, 1985, Sheet 3 of 3, showing an aggregate of 28 parking spaces for the nine (9) lots in the subdivision, and conditions, specifically Exhibit "A" and any approved modifications to date, and the future amendment of said Exhibit "A "to reference the said Hart and Blackwell Plan for the parking layout. No condition is imposed as to conveying out, or not, any of Applicant's lots in or abutting the parcel. Additionally for further clarification, we annex hereto a copy of Exhibit "A" referred to above and in the original decision. Accordingly, upon a motion duly made and seconded the Board by UNANIMOUS vote clarifies its decision dated July 21, 1986, as stated above. Dated: November on, 1987 Nantucket, MA 02554 3,(,� 1-�I-d / 11--w WILLIAM R. SHERMAN A4rao A DREW J. LEDDY DOROTHY V LLANS TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 July 21, 1986 �o Re: STONE BARN INN TRUST - DANIEL NUGENT, TRUSTEE (055 -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. William R. Sherman, Chairman BOARD OF APPEALS Ao/ ;Wi� A4oe BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, MAY 309 1986 at 1:30 p.m. and Taken Under Advisement'til June 27, 1986, in the Town and County Building, Nantucket, made the following Decision upon the Application of STONE BARN INN TRUST - DANIEL NUGENT, TRUSTEE (055 -86) of 683 Main Street, West Yarmouth, MA. 1. Applicant appeals from the decision or action of the Building Inspector in with holding issuance of Certificates of Occupancy corres- ponding to Building Permits 3911 -85, 3980 -85, 4045 -85, 4052 -85, 4090 -85 and 4095 -85, under Zoning By -Law SECTION 139 -31 with SECTION 139 -28A. In the alternative and additionally, Applicant seeks a SPECIAL PERMIT for the alteration and extension of non - conforming structures and uses pursuant to SECTION 139 -33A. The premises are on NORTH BEACH STREET, formerly Assessor's Parcel 29 -87 and 87.1, now subdivided into 9 lots, Lots 3, 47 5 and 6 not being affected in any way by this proceeding. The affected lots (herein, the "parcel ") are in the zoning district LIMITED - COMMERCIAL -2. 2. Based upon the Application papers, the Building Inspector's letters of April 4 and 18, 1986 and Planning Board definitive plan endorged 12/9/85 and Exhibit "A" of record conditioning its approval of the subdivision plan file 2897 and floor and elevation plans in- cluding an HDC set dated 1/22/86 ( #15,540) marked approved, further papers, testimony and representations received at our hearing of May 30, 1986, we find that the Stone Barn Inn, the principal structure, pre- dates Zoning, said to be erected in 1889. The following summaries the relevant data presented for it and the four other structures: Dwelling Units P „o A R„i 1 t iini t Nn_ T.nt Nttmher Building Permit Structure I- v_V 3980 - 85/4052 -85 Stone Barn Inn 5 4096 -85 Former Office 0 3911 -85 Treehouse 1 3995 -85 Willow 2-', 4045 - 85/4090 -85 Hawthorne 2 -',plus 3 condominium rooms, 10 now Unit 3. 5 10 -14 1 1 9 2 1 4 7 2 3 -2 8 1 1 10 (055 -86) -2- 3. At our hearing of May 30 and June 27, 1986 we mistakenly assumed that this appeal affected Lots 3 (Unit 8) and 5 (Unit 6). How- ever, the appeal is clearly limited to the scope of the Building In- spector's letter of April 18, 1986 which withheld Certificates of Oc- cupancy "for structures covered by said Permits ", i.e., the structures listed above associated with the seven building permits enumerated in that letter. On those Lots 3 and 5 were and are Heather and Evergreen, then and now with one dwelling unit each. 4. We were offered no record evidence of uses and structures pre- ceding the mid -1972 enactment of zoning. Earliest such evidence is dated in 1975 con i.rm,ip 5 "dwellings" jn the main Stone Barn Inn Aobteij was � c 9gr P�� IG srrr/ . building. ^Appicant represented that the dwelling unit uses 1ist�d above as "previous" had been continued since prior to Zoning, and this was not challenged. Accordingly, for purposes of this proceeding only, we find such uses to be "pre- existing ". With the multiplicity of dwelling units on the parcel, the uses and structures were clearly non - conforming. Other non - conformities include the Treehouse south -east corner with only about 3 -foot side line setback and office use on Lot 2 without special permit. 5. The previous structures on the parcel were enlarged by about 1670SF, bedrooms reduced by 8, and office converted to dwelling unit by transfer of a kitchen from Hawthorne. Unquestionably, there was such substantialenlargement and alteration of the pre- existing, non- conform- ing use that a special permit under Section 139 -33A was pre- requisite to issuance of Certificates of Occupancy. The Building Inspector must be and is affirmed. 6. Overall effect of Applicant's alterations on the parcel is toward greater conformity and harmony with the Zoning By -Law chapter. If and when the lots are sold out of common ownership, the parcel will, except for Lot 1, have the single- family residential character appro- priate in the L -C -2 district. (055 -86) -3- 7. The Planning Board's recommendation was unfavorable apparently premised on relief extending to the entire project with 16 dwelling units. As noted, we are presented only with the question of 10 dwelling units, before and after, on this parcel. 8. We are presented with completed construction and summer season underway. No substantial showing of bad faith of, or opposition to, Applicant was received. Most if not all construction was pursuant to the Building Permits. Lack of the required 139 -33A Special Permit was not noted until the Building Inspector appealed from came upon its lack. 9. We find that the extension of Treehouse did not increase the nonconformity, also that the now - completed extensions and alterations of the uses and structures on the parcel are not substantially more detrimental to the neighborhood. To insure their harmony with the general purpose and intent of the zoning chapter, we condition relief on Applicant complying with the Planning Board's subdivision plans and conditions, specifically Exhibit "A ". No condition is imposed as to conveying out, or not, any of Applicant's lots in or abutting the parcel. 10. Accordingly, by UNANIMOUS vote, this Board GRANTS to Appli- cant a SPECIAL PERMIT under SECTION 139 -33A for such alterations and extensions on (and only on) the parcel subject to the above - stated con- ditions. Since the decision of the Building Inspector, upheld here, indicated that the Certificates of Occupancy sought would be withheld until such Special Permit relief was granted, that barrier is removed. Dated: July .21 , 1986 Nantucket, MA 02554 Linda F. Williams William R. Sherman Dorothy D. Vollans (617) 228 -0771 March 18, 1986 Mrs. Madelyne Perry Town Clerk Town of Nantucket Town 4 County Building Broad Street Nantucket, Massachusetts 02554 RE: Stone Barn Inn Trust Dear Mrs. Perry: U Please let this copy of the Stone Barn Inn Trust Board of Appeals application serve as notice of appeal of the Building Inspector / Zoning Administrator's decision rendered by his March 13, 1986 letter to Richard Glidden. Please notify me if additional information is necessary to satisfy our obligations under Section 139 -31(B) of the Nantucket Zoning By -Law. A;_,� X x/c. DJM /bad Enclosure Very ruly yours, /l /4 `r t �r ✓'David J. x'etti, Att'y. . t. AL3 -1- EE $100.00 Case No. APPLICATION TO THE BOARD OF APPEALS Nantucket, Massachusetts To the Mewbers of the Board of Appeals: The undersigned hereby applies for relief from the terms of the (ZONING BY- L.AW)(BUILDTNG CODE) on property described below: location of Property North Beach Street Assessor's 'Parcels &AR�,, 87 and 87.1 _;._Map -29 ��• — _____________.. District is zoned for LC -2 Type of structure (Existing or Proposed) or proposed use: Existin"_�roposed u-, -eT Zings k )wnc• r ' s Namc __Stone Bar.Inn Trust -- Daniel Nugent, Trustee _ owner's Address _638 M j_in Street. West Yarmouth. MA When did you acquire this property? 1984 ilas apPlic.ition been filed at Building Department? Yes Ibis anv previous appeal been made ?_No Section of B }• -Law or Code from which relief is requested: A eal of decision of the Zoning Administrator pursuant to §139 -29(c) and 139 -31 as to tea- TTU--exist- ing non _conforming dwellings on the remises being 12 or 16) and their exemption from (continued on -afi9 —Tie -page ltca:;��n for asking relief: Applicant has commenced a development project, approved by- -tbe_PlannjLig -B -Q d mhiQi1_iueludes and is limitQd to 14 dwelling units. At the time uh- mi -s-s- n to an 1.e Dl nnnip oeaY -d,_ ro ndi of- the- ��spasal --���- review b5, --B ice-- :.mss-- u�e�s -t�o� that__lh dwelling ___e�c1�t _�r1 h��7.#� as a pre- existing non - conforming �ae. ILQ _ Building Inspector- (-==- Zonjnz AdM nstrator has, challenged the number of (continued on attached page) �y c iTUrA� ppl 'cant /Y• /l r�% /� J. M E `,TTA C I1 : (1) :: list of the names and addresses of each abutting owner and owner: abutting the abutters. (2) P.. check in the amount of $100.00 made payable to the Town of Nantucket. (3) four copies of the application and a map or plan showing the location of the property to be considered. (4 I f the applicant is other than the owner; please indi.c,.Ate your authority to make this application. BOARD'S DECISION Application sub"litted to Board :Advertising dates _ APPLICATION TO THE BOARD OF APPEALS (continued) APPLICANT: STONE BARN INN TRUST Section of By -Law or Code from which relief is requested: (continued from previous page) the "cap" and "phased development," and /or relief by VARIANCE from §139 -16 Intensity Regulations E. Phased Development and from §139 -27 Rate of Development. Reason for asking relief: (continued from previous page) "grandfathered" dwelling units, and he has . indicated that at least two (2) of the proposed dwellings would be regulated by the zoning by -law's rate of development and phased development provisions. We are aggrieved by that decision and appeal it to you for your findings. In the event that you find that any of the dwelling units proposed are subject to the "cap" and "phased development" restrictions, we seek relief therefrom by way of a variance. BUILDING INSPECTOR TOWN BUILDING ANNEX 2 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Richard J. Glidden, Atty. 37 Centre Street Nantucket, MA 02554 Dear Richard: Telephone 228 -0588 March 13, 1986 Re: Stone Barn Inn Building Permits I cannot issue Foundation Permits on these two new lots because there are too many "loose ends." One is that the lots aren't released yet, another is phasing, another is that they should be put in the CAP under the "Rate of Development" part of the Zoning Bylaw but can't be as the lots aren't released yet. We also find a lower number of total dwelling units on the property than what was submitted to the Planning Board and these kinds of arguments are what you make to the Board of Appeals if you want to. I suggest that a temporary fence be put up to keep people and animals out of the area of the new houses. Very truly yours, i N Carl F. Borchert Building Inspector CFB:AH Wd �, Wd � (617) 228 -0771 e May 9, 1986 Mrs. Madelyne Perry Town Clerk Town of Nantucket Town $ County Building Broad Street Nantucket, MA 02554 RE: Stone Barn Inn Trust Dear Mrs. Perry: � Please let the enclosed copy of the Stone Barn Inn Trust Board of Appeals application serve as notice of appeal of the Building Inspector /Zoning Administrator's decision rendered by his April 18, 1986 letter to Mr. Daniel Nugent, Trustee of the Stonebarn Inn Trust. Please notify me if additional information is necessary to satisfy our obligations under Section 139 -31 (B) of the Nantucket Zoning By -Law. �C.CR Lv �a DJM /hm ``q X L Enc. V� Very truly yours, 1. vi J . • FEE S2u0.00 -- Case No. APPLICATION TO THE BOARD OF APPEALS Nantucket, Massachusetts I'o the ^ ?ec.uers of the Board of Appeals: I'he jn.iuvsigned hereby applies for relief from the terms of the (BUILDING CODE) on property described below: ;,ocation :'roperty NORTH BEACH STREET Lot No. _87 and 87.1 Plan No. ASSESSOR'S Map29 — h,i st_ri ct zoiied for LC -2 — - _ --- -- -- .._. --_. -- i'vne of st rz:cture (Existing or Proposed) or proposed use: EXISTING w! i i ' s `+ a!iie _ STONE BARN INN TRUSTiDANI rwl" r s Address _ 683_ MAIN STREET. WEST YARMOUTH, MA -__ — _ —__. -_ When did yo, acquire this property? 1984 . -- __ i,Dn been filed at Building Department? YES y r` ;:.,::s appeal been made? NO ____ !,,- or Code from which relief i requested: Pursuant to Section I39 -31, Applicant appeals Building Inspector's decision not to issue Certificates of Occupancy for structures built - ijrse�roretiee wiEh seven ?) wild }r�g-permts- -isued -by him. The -said* a€ -L me-a4i -money toward the completion of a development project, approved by the Planning Board, in reliance upon building permits, issued in 1985 by the Nantucket Bu- ilding inspector- 1Cpp�icant is aggrieied .b- y- z}tg-- Bua- ldipg -=_' "" it tn bq1rP_hPPn maciP arh;trarily, capriciously, unreasonably and erronously under the law. Moreover, to the extent that the Board migh —t tFiat part or all ot the WOYK aut oriLe y t e ui ing permits-in question is an_exten4inn_or nlrprntinn ­qllizing 7nning relief, the r1PVPlnnment ac irapnsPri'ac ** ** See bottom of page ABYHIS ne - PA plicanDANIEL NUGENT TRUSTEE A 0 DVID J. MORIE list of the names and addresses of each abutting :n.ner ? owner abutting the abutters. 2) A check in the amount of S100.0U made payable to t.hc• ;'own cf Nantucket. S) Four copies of the application and a map or plan rshowi.ng r}:e location of the property to be considered. IF the applicant is other than the owner, li -ise .ir:di.c:,te your authority to make this application. HOARD'S DECISION Applicatio!, su'Jmittud to Board ldvertisin, - - - - - -- hearing date(s) — uecision of Board_ - -- - - - -- Decision filed with the Town Clerk *decision was promulgated by way of a letter directed to Mr. Daniel Nugent, a copy of which is annexed hereto and made a part of this application. In the alternative and or additionally, Applicant seeks relief by Special Permit for the alteration or extension of pre- existing non - conforming structures or uses under Section 139 -33. * *approved by the Planning Board and as built is and will be an improvement to the neighborhood over that which existed previously. Granting of the relief necessary in that event, would be in harmony with the purpose and intent of the law. BUILDING INSPECTOR TOWN BUILDING ANNEX 2 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Mr. Daniel Nugent 638 Main St. West Yarmouth, MA 02673 Dear Sir: Telephone 228 -0588 - - April 18, 1986 It has come to my attention that your Building Permits numbered 4090 -85, 3911 -85, 3980 -85, 3995,85, 4096,85, 4045 -85 and 4052 -85 fcr work to be done on Lots 87 and 87.1 on Assessor's Map 29, more commonly known as the "Stone Barn Inn and Cottages," were not issued in accordance with Sec. 139 -33 of Nantucket's Bylaws entitled Pre - existing Non - conforming Uses, Structures and Lots, as the prerequisite relief was not granted by the Board of Appeals. Please be advised that no Certificate of Occupancy for the structures covered by said Permits can or will be issued until such time as the required relief is granted. Very truly yours, G �� Carl F. Borchert Building Inspector CFB:AH CC : Richard K. Glidden, Esq., 37 Centre St. CC: Board of Appeals TO" W NA CT ,; � . � 16.3 A o 70" OF NANTYCKR',' �.. . :. I I.0A i 6 m .4 r4Ff)• iA ,. 4 a i .. 2 I 14 A /? r tr - T019M 0/ NANTUCKET T 00 :.,.�A. '. g�Ij�. 30-00 II'f4'`t :3.4A -: /•• '. - /t Or At � 04 ? I2 Is *' 1.7 A r•. 14 t jl /1 4 / few w /3 i/ It 4 p +• 9 ,p 8 ta4 t01: it ~ �t :.. tyi it Yot TO ' �{ fro Iw t0/ N // ; t>H . ' I�y _ 107 104 106 toe 13f 71 �1 EQ 43 I.2 A , lee. • 109 :$ .• �� 0 130 133 .161. NOthTNEKN AV `' =1, 43, .' i ' -.. 1 1 6S N ` 120 126 124 110 111 .. p 41 ��� + 3/ . �7 132 94 112 , rw- w N 108 000 .` ►� IL/ A .. 1 1 IM 7 1 I21 122 12J /J /2 /t 33 �� R VI 137 ION .. _ � ti ji.�. 9. AV 79 N '7. DAI ►AeCEI OAff G.CEI oAtE. rAecef LEGEND ..1 l9 117 114 13 7 36 /o N.C. f, donot•. 'N9nruaker I if (N.C.) ;Coa w ation or donates that Conet7YCfRd 1•C. /r,J 11 _ ... IIVfORAfAT1ON SHOWN NAecnu ..... .. .. .... .. '`•� . � —�. �� _ � Sb NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, MAY 309 1986 at /2-.30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application, of STONE BARN INN TRUST - DANIEL NUGENT, TRUSTEE (055 -86) appealing an order or decision of the Building Inspector under SECITON 139 -31 of the Zoning By -Law, to issue Certificates of.Occupancy for structures built in accordance with seven (7) building permits issued by him. In the alternative or additionally, relief by SPECIAL PERMIT for the alteration or extension of pre- existing non - conforming struc- tures or uses under SECTION 139 -33 is sought. the premises are located at NORTH BEACH STREET, LOTS 87 and 87.1, ASSESSOR'S MAP 29, and zoned LIMITED - COMMERCIAL -2. William R. Sherman, Chain_ BOARD OF APPEALS `.•EL' - - -; 2u_0. 00 -- Case No._ n n`' \PPLICATION TO THE BOARD OF APPEALS Nantucket, Massachusetts !'o the b!c-::JUrs of the Board of Appeals: '1": .1T: UL-signed hereby applies for relief from the terms of the (BUILDING CODE) on property described below: ovation of Pruperty NORTH BEACH STREET Lot No. _ 87 and 87.1 _ Plan No. ASSESSOR'S Map District Is zoned for LC -2 - - - -- - -_ ,;,e of str.:c re(Existing or Proposed) or proposed use: EXISTING _ "'^"lc': ' s N'a:no- STONE BARN INN TRUST - DANIEL NUGENT, TRUSTEE :per's Address__ 683 MAIN STREET, WEST YARMOUTH. MA _ Nhen did you .acquire this property? i!as aup'_ic:-_ loll been filed at Building Department? YES !;r:s :n}• appeal been made? NO ___ ------ _— _ -_ - - -- s�cti, n ._,F !l%�-l.aw or Code from which relief i requested: Pursuant to Section 139 -31, Applicant appeals Building Inspector's decision not to issue Cenfic rtates of Occupancy for structures built -- lit eeeorh se vert-- 4-�)- �iui��rg- perm- i>:s -is- sued -by him, The-said* iu: relief:Applieant kaz �ssted- saria��m^ *�-�� Lime -arid money toward the completion of a development project, approved by the Planning Board, in reliance upon - building - 'permits, issued in 1985 by the Naritucke- Buil�'ing r-nspector —N] pTicant is aggrieved -b* the -Bu; 1ding insportr -'s siea ° hol ; avac it to have hone Maria arh; trarily, capriciously, unreasonably and erronously under the law. Moreover, to the extent that the Board mig,_ ifindtliat part or all of the wo-rT authorized y t e1�uiTding perms in question is a.n_exteneinn _or altarat;nn rpqiiiri^g - 7nnilIg relief, the development as p,xn n�sed.as ** ** See bottom of page �BY ig turc - plicantDANIEL NUGENT TRUSTEE HIS AT 0 NEY, DAVID J. MORETTI list of the names and addresses o1' each abutting r).,r:ar owner abutting the abutters. l check in the amount of S100.00 made pavable to t.t:c• .,f Nantucket. s) Four copies of the application and a map or plan showing tl:e location of the property to be considered. I f the •applicant is other than the owner, please .ir,di-c.,tu your authority to make this application. BOARD'S DECISION :�pplicatio! , subs ittcd to Board r _ cdvertisin.l Dates ifearing dace (s ) Decision of Board :�ecisior. iilcd with the Town Clerk _ *decision was promulgated by way of a letter directed to Mr. Daniel Nugent, a copy of which is annexed hereto and made a part of this application. In the alternative and or additionally, Applicant seeks relief by Special Permit for the alteration or extension of pre- existing non - conforming structures or uses under Section 139 -33. * *approved by the Planning Board and as built is and will be an improvement to the neighborhood over that which existed previously. Granting of the relief necessary in that event, would be in harmony with the purpose and intent of the law. BUILDING INSPECTOR TOWN BUILDING ANNEX 2 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Mr. Daniel Nugent 638 Main St. West Yarmouth, MA 02673 Dear Sir: Telephone 228-0588- April 18, 1986 It has come to my attention that your Building Permits numbered 4090 -85, 3911 -85, 3980 -85, 3995,85, 4096,85, 4045 -85 and 4052 -85 fcr work to be done on Lots 87 and 87.1 on Assessor's Map 29, more commonly known as the "Stone Barn Inn and Cottages," were not issued in accordance with Sec. 139 -33 of Nantucket's Bylaws entitled Pre - existing Non - conforming Uses, Structures and Lots, as the prerequisite relief was not granted by the Board of Appeals. Please be advised that no Certificate of Occupancy for the structures coverers by said Permits can or will be issued until such time as the required relief is granted. Very truly yours, Carl F. Borchert Building Inspector CFB:AH CC : Richard K. Glidden, Esq., 37 Centre St. CC: Board of Appeals INTORMATION SHOWN HEREON WA$ III 1 1 1 COMPILED FROM AERIAL PHOTOGRAPHS, DEEDS. 9ac+w +r,r ac AND PLANS Of RECORD AND IS NOT TO aE + CONSTRUED AS HAVING SURXIENT ACCUR. V ACY FOR CONVEYANCE. 4 ' c i TOWN OF NANTUCRRT 1 r , T 4 i1 11 J ' `• I• TORN OF NAXTUCK[T tid1r ' IL {A . 'A ' a 2 3043 4 t 1.11A I r T , MA VCKtT. V JT aL .I1A MM Of WANTKK9T-•s�• {0 to Avt 13 C 14 '-,'Y /• 2...07' � � � - �• � 10 f� �� 9{ f� -S � Z {{ l {� ; ii ��. �• �� q,,,,, ." 3 7 �'.. ♦Y� N It 19y t' ♦ 4t 3 t1" ti • �� I 0 . 11 04 n 144 .: .. 101: 4 to R �4► 'to: `�A 1 to 103 100 Qa7 44 1i .. 4, 107 Iti 139 TI 22r 1� 109 -i lot t U. •N Fp ItSt _'. ��., 0 INA 133 NORTHERN AV 3 126 128 124 110 I11 It, €Ob :: {4 E c0 43 �� 'i 132 - 0 41 1 { {.' ', i.l 119 S 12 1 Z 122 123 93 {L of 33 '.W N 106 000 \f . R.{ A 139 137 1 1 .... 0li,l_.._ .. lal• OAL N AV3. /9 RE., IONS LEGEND Joe m w f0 13 37 39 f ". DAI N.tCEI Dwtf 1wlCtl DAttI TARCtI .1 ' j ,.. I, N.C.F. dowla9 'Nantuak,f ;Con "rvatloR an '2. (N.C.) donot9s Rol oonttruottd INTORMATION SHOWN HEREON WA$ III 1 1 1 COMPILED FROM AERIAL PHOTOGRAPHS, DEEDS. 9ac+w +r,r ac AND PLANS Of RECORD AND IS NOT TO aE + CONSTRUED AS HAVING SURXIENT ACCUR. V ACY FOR CONVEYANCE. 4 ' -03I'd of ,appeals parties in ir:;et'esf in the !natter or the petition of: _.- Stonebarn Inn Trust -- Daniel Nugent, Trustee . _.. •--- .5�3.8�9�.i[ lit .z'�et.,_'+Le.�_Yarmouth.1._MA -- - -- North Beach Street 29 -38 Richard W. F, Catherine Z. Deutsch 29 -48 Robert S. Hamblin C/o NLD Financial Management 70 North Beach Street 98 Cutter Road - 400S Nantucket, MA 02554 Great Neck, NY 11021 -50 Town of Nantucket -39 Island Hotels Company c/o Sherburne Associates -52 Elliot W. Gumaer, Jr. Zero Main Street 2200 Lincoln Tower Nantucket, MA 02554 Rochester, NY 14604 -40 James Hunt Barker and -53 Daniel E. $ Helen C. Wight Kenneth W. Douglas -95 P. 0. Box 580 P. 0. Box 186 Frederick, MD 21701 Pawtucket, RI 02862 -85.2 Samuel G.H. & Frances H.C. Turner -41 Theodore F. Mariani 3515 Elmwood Avenue 2828 Upton Street • Rochester, NY 14610 Washington, DC 20008 -86 Joseph W. & Joan Cochran and -42 Jane S. Macrae I David D. & Lucile R. Gray c/o Centerre Trust Co. P. O. Box 476 510 Locust Street Pebble Beach, CA 93953 St. Louis, MO 63101 -88 Nantucket Conservation Foundation, Inc. -43 Carol Cook Smith and -89 118 Cliff Road Blakeslee Cook Lufkin Nantucket, MA 02554 15 East 91st Street New York, NY 10028 -90 Caroline B. Stellman and Emily B. Mohr -43.1 Carol Cook Smith et al 2004 Mt. Royal - Apt. 24 c/o H. Hanford J. Smith Cockeysville, MD 21217 15 East 91st Street New York, NY 10028 -91 Walter Ross f, Eleanor H. Smith -93 P. 0. Box 828 -44 Norman P. $ Irene I. Singer Avon, CO 81620 1383 Canterbury Way Rockville, MD 20854 - -92 Philip f, Barbara Lindeman 1180 Raymond Blvd. -45 Mrs. Harold Braff Newark, NJ 07102 13801 York Road Cockeysville, MD 21030 -94 John & Mary Ellen Serino 135 Goden Street -46 Wm. S. Thornhill, Jr. and Belmont, MA 02178 •� Nancy T. Pierce i. 396 Pacific Street -133 Grey Lady Properties, Inc..., Brooklyn, NY 11217 -135.1 c/o Francis B. Rusch, Esgxjre Rusch, Litt $ Sternlieb •t. -47 George Nicholas £, Polly T. Miller 22 Cedar Lane ?i 60 Brookstone Drive Teaneck, NJ 07666 Princeton NJ 08540 f01'eFC.:r1"/ is tl list O: pet'SC.05' who .lie 0'.Vrc:r8 OI laild abutit:',' 011. ty -.::d ou•r.ers of lend directly, c;pp�si c the property on any street or . Ay, ox: ers of land within 300 feet of the property, .11 as they appear on tilt r.:cst :'!cent applicable TAIX list. / � - -� � l� `''�� • 3JC350 � - - -- r Town of : 7antucket Page 1 of 2 I i i V C1 N-1 N T U C F LT ' -oard of Appeals ?.i:.. arties in roll rest in the rnattc•r of the petition of: - __S.t9Ilehain. I�sn T ust �Dani I Nugent� Trustee ih�treeL�1L_L�armouth,_MA - -- - - - - -- -- • �? ' " �•• i'e•` -' North Beach Street 29 -135 . -138 -145 -146 30 -57 -144 -58 -59 -60 -61 -253 Alan $ Joan Connor S2 Briar Hill Road Avon, CT Robert L. $ Dorothy R. Palmer, Trustees Chateau Realty Trust 93 Main Street Hingham, MA 02043 John W. Eckman c/o Hither Creek Boat 20 N. Cambridge Street Nantucket, MA 02554 Robert H. & Susan D. Sarvis c/o Charles A. Keller, Jr. 257 McDowell Street Asheville, NC 28803 George Nicholas $ Polly T. Miller 60 Brookstone Drive Princeton, NJ 08540 Wm. S. Thornhill, Jr. and Nancy T. Pierce 396 Pacific Street Brooklyn, NY 11217 Robert f, Thayer B. Cluett 52 Rowanwood Avenue Toronto, Ontario Canada MF2 lY7 Charles D. & Elaine Chipman 2 Goddu Street Winchester, MA 01890 Elm Associates 231 Mountain Spring Road Farmington, CT 06032 V 42.4.4 -2 Spencer M. & Ruthanne Cowan -7S 52 Temple Road Concord, MA 01742 -3 David Carney 31S South Glenhurst Avenue Birmingham, Mf 48009 -4 Mary Gibson Wooten 6423 Shadow Road Chevy Chase, MD 20815 ! ce: iify the foregoin is a list of persc ;ns who are owners of land abuttin, i'U. :•; ::nd owners of land directl opposite die property on any street or v ty, oar: cars of land within 300 feet of the property, .11 as they appear on the n':ost r(-,cent applicable TAX list. tc ssessor 1 own of ;NIantucket Page 2 of 2 k i o 2' odic -(F'W lv- W.4, a&W (817) 888-0771 May 9, 1986 Mrs. Madelyne Perry Town Clerk Town of Nantucket Town $ County Building Broad Street Nantucket, MA 02554 RE: Stone Barn Inn Trust Dear Mrs. Perry: Please let the enclosed copy of the Stone Barn Inn Trust Board of Appeals application serve as notice of appeal of the Building Inspector /Zoning Administrator's decision rendered by his April 18, 1986 letter to Mr. Daniel Nugent, Trustee of the Stonebarn Inn Trust. Please notify me if additional information is necessary to satisfy our obligations under Section i39 -31 (B) of the Nantucket Zoning By -Law. E DJM /hm Enc . `ewe, very truly yours, 6David J. oretti, Att'y 2 C. -- - - -- - -- -- -- Case No.— ?,PPLICATION TO THE BOARD OF APPEALS Nantucket, Massachusetts TO the Me: :iburs )f the Board of Appeals: The undursigned hereby applies for relief from the terms ui the (ZONING BY- L`,7;)(BUILDING CODE) on property described below: I.oca t ion of Property NORTH BEACH STREET _ Lot No. , 87 and 87.1 Plan No. ASSESSOR'S Map 29 - District zoned for LC -2 Type of structure(Existing or Proposed) of proposed use: EXISTING Owne r' s Name-- STONE BARN INN TRUST - Q&NIEL NUGENT. TRUSTEE - ()wner's Address 683 MAIN STREET- WEST YARMOUTH. MA - - -- t+lhen did you acquire this property? 1984 .i_s application been filed at Building Department? YES — Ilas any , r o irlas appeal been made? NO � __ -- __- -- l�ction ih• -I.aw or Code from which relief i requested: Pursuant to Section 139 -31, Applicant appeals Building Inspector's decision not to issue Certificates of Occupancy for structures buil -t -- in- aeeordanec- -Wit h revert him, -Tha -said* :;u;:_,. >n io_ relief:Applieant ial -mounU of time-aad -money toward the completion of a development project, approved by the Planning Board, in reliance upon bu Tding permits, issued -in 1985 by the Nantuc el.--TuTrding- nseI- ctor —Ki p7icant is aggrieved -b} the-Building - iuspecta:~ it to ►, *.,e been made 2rhitrarily, capriciously, unreasonably and erronously under the law. Moreover, to the extent that the Boat3- -migKT ifidd fHat part or all of the work authorized y the building permits in-question is an_rrt Pnci _or alteration req,,iX ng to ng iiPf the development- ae prje%nCf.A ng * *" See bottom of page Si tore JWp1ijcnDANIEL NUGENT TRUSTEE BY HIS A EY, DAVID J. MORETTI ;,7TP,^CH: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters. (2) A check in the amount of $100.00- made payable to t:hc- Town of Nantucket. (J) Four copies of the application and a map or plan showi.rng the location of the property to be considered. (a; If the applicant is other than the owner, please it,dic.-,te your authority to make this application. BOARD'S DECISION Applicatiol, submitted to Board Advertisinq dates Hearing date(s) Decision of Board Decision filed with the Town Clerk *decision was promulgated by way of a letter directed to Mr. Daniel Nugent, a copy of which is annexed hereto and made a part of this application. In the alternative and or additionally, Applicant seeks relief by Special Permit for the alteration or extension of pre- existing non - conforming structures or uses under Section 139 -33. * *approved by the Planning Board and as built is and will be an improvement to the neighborhood over that which existed previously. Granting of the relief necessary in that event, would be in harmony with the purpose and intent of the law. BUILDING INSPECTOR TOWN BUILDING ANNEX 2 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Mr. Daniel Nugent 638 Main St. West Yarmouth, MA 02673 Dear Sir: Telephone 228-0588- April 18, 1986 It has come to my attention that your Building Permits numbered 4090 -85, 3911 -85, 3980 -85, 3995,85, 4096,85, 4045 -85 and 4052 -85 fcr work tQ be done on Lots 87 and 87.1 on Assessor's Map 29, more commonly known as the "Stone Barn Inn and Cottages," were not issued in accordance with Sec. 139 -33 of Nantucket's Bylaws entitled Pre- existing Non - conforming Uses, Structures and Lots, as the prerequisite relief was not granted by the Board of Appeals. Please be advised that no Certificate of Occupancy for the structures covered by said Permits can or will be issued until such time as the required relief is granted. Very truly yours, Carl F. Borchert Building Inspector CFB:AH CC : Richard K. Glidden, Esq., 37 Centre St. CC: Board of Appeals J. DAY ►AICH oArl rAAta owt F.. . 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DAY ►AICH oArl rAAta owt F.. . LEGEND re ns 114 1 t 3f 1 y If 1, N•C.f dfMlof `NepIMfR3f ;CeiNrre11a1 ou `' III R. ( N.C.) OoROta Ra ooagrroyd •e. INFORMATION' SM OwN NEREON w - '� •� A; . '• •. • ., . : ' • ' -:' . I I 1 i 1 r- � COWUO FROM AERIAL "My.- RA". OEt ^10 rLAM,OF RECORD AND IS NOT To fE • CONSTRUEo AS HAVING SUFFJCIENT ACCUR• r 8 .ACV FOR CONVEYANCE. , ,