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HomeMy WebLinkAbout060-86S8 TOWN OF NANTUCKET 6P0" T�p BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 July 2 -1, 1986 Re: HANNAH HAYNES FOR HERSELF AND RACQUET CLUB OF NANTUCKET, OWNER (060 -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 Ts x 7� TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 September 19, 1986 Re: HANNAH HAYNES (060 -86) MODIFICATION 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. L � G - ^- L William R. Sherman, Chairman BOARD OF APPEALS BOARD OF APPEALS Nantucket, Massachusetts 1�IVI�N / Amendment to Decision: The decision granting a SPECIAL PERMIT to HANNAH HAY ES, for herself, and RACQUET CLUB OF NANTUCKET, INC., owner (060 -80) , a any copy of which is recorded with Nantucket Deeds in Book Page sy 131 , is hereby clarified and amended, at the request of the Applicant, as follows: 1. The Decision permitted the Applicant to utilize 700 square feet of area for operation of a day -care center and provided that the remaining area shall continue to be used as a racquetball and squash club. The Decision does not require the Applicant to continue to operate the racquetball and squash club, but the Applicant may, if desired, continue such use. The Decision permits the Applicant to discontinue operation of the racquetball and squash club and to utilize that area for further day-care provided that such use and the number of children are in conformance with the requirements of Chapter 7, 102, CMR, Children in Massachusetts Register No. 50 updated March 31, 1977. 2. The Decision purports to include Lot I on Plan File 15 -C which Lot is currently owned by Robert A. Young. The day -care center is to be operated by the Applicant upon Lot H on Plan File 15 -C only, and Lot I is not required to be used in connection with this operation.(Lot H is tax Parcel 68.243. 3. we further find that the amendments and clarifications -1- . con'tained herein are minor in nature and are consistent with the earlier Decision, which was made at a public hearing at which no opposition was expressed. Accordingly, we enter this Amendment to Decision, after presentation by the Applicant at a public open meeting of the Board, without further public hearing or notice. Dated: September 1q, 1986 William R. Sherman Dorothy D. Vollans Andrew J. Leddy, Jr. -2- BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, JUNE 27, 1986 at 1:30 p.m. in the Town and County Building, Nantucket made the following Decision upon the Application of HANNAH HAYNES FOR HERSELF AND OWNER R9QUET CLUB OF NANTUCKET (060 -86) of Whaler's Lane, Nantucket, MA 02554. 1. Applicant seeks a SPECIAL PERMIT under Zoning By -Law SECTION 139 -22B, special permit uses in all districts. Specifically she would operate a day -care center in a portion of the building known as the Racquet Club of Nantucket, Lots 10 and 12, YOUNG'S WAY, Nantucket, Plan File 15 -C, Lots H and I. 2. Applicant would be utilizing 700 square feet of area availa- ble on the second floor of the Racquet Club Building which would allow the occupancy of up to 20 children. 3. Applicant has signed a Purchase and Sale Agreement with the Club to purchase Lots 10 and 12, and said locus falls in the RESIDENTIAL - COMMERCIAL-2 zoning district. 4. Accordingly, after giving notice as required, we heard the present case on June 27, 1986. Our findings are based upon the appli- cation papers, testimony and representations and submissions of approval by the Building Inspector, Fire Inspector and Health Inspector acting as Inspector - Office of Children for the Commonwealth. 5. Applicant here presented site and floor plans of the existing building. She explained the area to be used for day -care and the area remaining which stall continue to be used as a racquetball and squash (050 -86) -2- club. The use of a racquetball club is allowed under RC2 zoning. The proposed use as a day care center requires a Special Permit in all districts. 6. Applicant's proposed use, number of students and the inspections are dictated by Chapter 7, 102, CMR, Children in Massachusetts Register #50 updated March 31, 1977. 7. Applicant's purchase of the adjacent vacant lot gives ample room for the requiste 50SF per child of outdoor space and will contain playground equipment. 8. Noting Substantial support in our record and absent evidence to the contrary, we find the proposed use is in harmony with the gen- eral purpose and intent of the zoning chapter governing special permits. 9. Accordingly, the Board, by UNANIMOUS vote, hereby GRANTS to Applicant a SPECIAL PERMIT under SECTION 139 -22B to operate a day -care center in the Racquet Club Building, subject to the stated conditions. Dated: July;,--51 1986 Nantucket, MA 02554 Q William R. Sherman �24r/ t' '� l( , Dorothy D. Vollans Andrew J. Leddy, Jr. -4(6 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JUNE 27, 1986 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Appli- cation of HANNAH HAYNES FOR HERSELF AND OWNER RAQUET CLUB OF NANTUCKET (060 -86) seeking a SPECIAL PERMIT Under SECTION 139 -22B for a proposed day care center. The premises are located at 10 and 12 YOUNG'S WAY, ASSESSOR'S PARCELS 68.243 and 244, PLAN FILE 15 -C and zoned RESIDENTIAL - COMMERCIAL -2. 1 William R. Sherman, Chairm BOARD OF APPEALS A a, Pace 1 of 2 ABUrrERS TO 10 Young's Way, Lot H, Plan File 15 -C, Assessors: 0068 -243; and 12 Young's Way, Lot I, Plan File 15 -C, Assessors: 0068 -244 ASSESSORS OWNER MAP /PARCEL MAILING ADDRESS PROPERTY ADDRESS 068/006 Michael F. Angelastro 35 Old South Rd 25 Pilgrim Road Nantucket, MA 02554 068 /007 Robert. E. & Mary L. Campbell 37 Old South Rd 37 Old South Road Nantucket, MA 02554 068/008 Robert E. & Mary L. Campbell 39 Old South Rd 37 Old South Road Nantucket, MA 02554 068/009 Ellen Nora Tbanbs 1 Toombs Court 9 Toanbs Court Nantucket, MA 02554 068/079 Ellen Nora Toanbs 3 Toombs Court 9 Toombs Court Nantucket, MA 02554 068 /080 Charles E. Toombs 4 Toanbs Court 9 Toanbs Court Nantucket, MA 02554 068/081 Charles E. Toombs 43 Old South Rd 9 Toombs Court Nantucket, MA 02554 068/153 Ellen Nora Tbcmmbs 9 Zbcmbs Court 9 Toombs Court Nantucket, MA 02554 068/154 Francis B. Psardelis et ux 5 Toombs Court 5 Toombs Court Nantucket, MA 02554 068 -004 Madge Warren 33 Old South Rd. 33 Old South Rd. Nantucket, Mass. 02554 Page 2 of 2 ABUrrERS TO 10 Young's Way, Lot H, Plan File 15-C, Assessors: 0068 -243; and 12 Young's Way, Lot I, Plan File 15-C, Assessors: 0068 -244 ASSESSORS OWNER PROPERTY MAP /PARCEL MAILING ADDRESS ADDRESS 068/155 Andrew & Anastasia Costakes 6 Toanbs Court 6 Toombs Court Nantucket, MA 02554 068/230 Sturgis Pine Realty Trust 9 Young's Way c/o Roger A. Young 9 Young's Way Nantucket, MA 02554 068/231 Sturgis Pine Realty Trust 9 Young's Way c/o Roger A. Young 9 Young' s Way Nantucket, MA 02554 068/232 Sturgis Pine Realty Trust 18 Young's Way c/o Roger A. Young 9 Young's Way Nantucket, MA 02554 068/237 Harvey A. Young Enterprises, Inc. Young's Way 6 Broad Street Nantucket, MA 02554 068/238 Robert A. Young 1 Young's Way P.O. Box 1229 Nantucket, MA 02554 068/239 Sturgis Pine Realty Trust 2 Young's Way c/o Roger A. Young 9 Young' s Way Nantucket, MA 02554 068/239.1 Sturgis Pine Realty Trust 4 Young's Way c/o Roger A. Young 9 Young's Way Nantucket, MA 02554 068/239.2 Sturgis Pine Realty Trust 6 Young's Way c/o Roger A. Young 9 Young's Way Nantucket, MA 02554 AB--1' FEE $100.00 Case No. CXze� APPLICATIt TO THE BOARD APPEALS Nantucket, Massachusetts 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: Land and buildings located on 10 & 12 Youngs Way also known as Location of Property R rT11PT ['1,jh �f Nan- hir•kaf-„r TC& H c�c�scr�t -^ � ' ^ ^^ r °^^rd°A ' ^ (over] H Assessors Map RR�R_PParcej U14p lan Y File 15-C Lot No. A Zaessnrs, Mai District is Zonedi for RC2 Type of structure Existing or Proposed) or proposed use: day care center Owner' s Name Raquet Club -of Nantucket _ owner's Address hlialer's Lane, Nantucket, MA 02554 When did you acquire this' }property? owners have signed agrQP=nt• with applicant Has application been filed at Building Department? yes Has any previous appeal been made? no Section of By -Law or Code froim which relief is requepted: Code of Nantucket Section 139 -22, Subsection B -- Reason for asking relief: The Town of Nantucket- rE=jrP4 a special pemi for thAa Signat re of applicant ATTACH: (1) A list of the names and addresses bf each abutting owner and owner abutting the abutters., and owners within 300 feet. (2) A 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) If the applicant is other than the owner, please indicate your authority to make this application. BOARD'S DECISION 1 Application submitted to Board Advertising dates