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
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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
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-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.. . LEGEND re ns 114 1 t 3f
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J. DAY ►AICH oArl rAAta owt F.. . LEGEND re ns 114 1 t 3f
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1, N•C.f dfMlof `NepIMfR3f ;CeiNrre11a1 ou `' III
R. ( N.C.) OoROta Ra ooagrroyd •e.
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CONSTRUEo AS HAVING SUFFJCIENT ACCUR• r 8
.ACV FOR CONVEYANCE. , ,