HomeMy WebLinkAbout095-86TOWN OF NANTUCKET ,Qileoe 411e.-&A
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BOARD OF APPEALS 4 f7..
NANTUCKET, MASSACHUSETTS 02554
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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.
(,U i i b► k yh (Z . Skernot n , Cho tr7 N r)
BOARD OF APPEALS
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
DECISION:
In the matter of the Application of STEVEN S. FISCHMAN and
THOMAS P. BLOCH, Trustees of S/J WAUWINET TRUST (095 -86), at a
meeting of the BOARD OF APPEALS held at 1:30 P.M., on Friday,
September 5, 1986, at the Town and County Building, Nantucket,
the Board enters the following Decision and makes the following
findings:
1. This is an application for a SPECIAL PERMIT under Nantucket
Code §139 -33.A (Pre- existing Nonconforming Use - StructuralChange).
If granted, the Applicants would be permitted to perform structural
changes in connection with renovation of their existing hotel and
cottages, not involving exterior changes, and reducing the number
of units. The premises are located at 115 and 120 WAUWINET ROAD
(Assessor's Parcels 11 -17, 12 -46 and 12 -47) ; Land Court Plan
15598 -A, Lot B; Land Court Plan 15961 -D, Lot 32; and Land Court
Plan 15961 -K, Lot 56; and are zoned RESIDENTIAL -1.
2. Based upon the application and the materials and testimony
presented at the public hearing, the Board finds that the Applicants'
structures, consisting of a hotel building to the west of the
travelled way leading from the end of Wauwinet Road to the north,
and six cottages on the easterly side of the travelled way,
antedate the adoption of the Nantucket zoning by -law in 1972.
Furthermore, their commercial use, the main building as a hotel
and the cottages as rental units managed through the hotel, is
nonconforming in the residential zone in which the premises are
located, and this nonconformity likewise has been in continuous
existence since a time prior to 1972. The exact number of units
now in use is difficult to determine, because some portions of
the premises have been used, effectively, as an employer dormitory
(accommodating summer workers not connected with the hotel business
upon the premises in many instances, we are told).
3. The Applicants propose to renovate the hotel (Building
1 upon the attached Site Plan) in the process realigning the
interior space into a smaller number of larger hotel units; there
will be 34 hotel units, plus a six -unit employer dormitory space
to serve operations with peak staff of 12. One of the two
restaurants now existing will be eliminated. The other seats up
to 100. They represent that Buildings 3, 4, 5 and 7 will be
demolished or removed from the site, and Buildings 2 and 6 will
be used,- -as rental cottages. A new parking area, containing at
least 73 spaces, will be constructed in the area to the east of
the travelled way. (The Applicants, at the public hearing,
volunteered their willingness, as a condition of this decision,
to construct such a parking lot, notwithstanding the prior
nonconforming status of their operations and the concomitant
"grandfathering" of parking as now provided.) A single loading
space will still be provided for Building 1. Such musical
entertainment as may be offered will be in keeping with the quiet
neighborhood environment.
I
W.
4. Based upon the substantial neighborhood support for the
Applicants' plans as voiced at the public hearing, we find that
the proposed alterations to the Applicants' premises will not be
substantially more detrimental than the existing nonconforming
use to the neighborhood. In fact, we find that the reopening of
the hotel in 1987 (it was closed during the 1986 summer season)
will confer a benefit upon the Wauwinet community, based upon the
strong desire of many residents, as expressed at the meeting, to
see a revitalized Wauwinet House in operation next year. The
existing building is in a condition of deterioration, and the
reconstruction proposed by the Applicants will bring safety
improvements as required by present -day Building code requirements,
as well as improvements to the appearance of the premises through
better maintenance than has existed in recent. years.
5. Applicants represent that they intend to further improve
the premises by construction of an addition to the hotel building,
which will contain additional units and facilities. This addition
clearly would require a special permit as a Major Commercial
Development under §139- 9.B(4), which falls within the exclusive
jurisdiction of the Planning Board as special permit granting
authority. Applicants represent that their plans for this addition
are not complete; Applicants purchased the premises on July,
1986, and have been engaged in extensive discussions with
neighborhood residents and property owners in order to develop a
plan which will receive community support. They further represent
that the time constraints of commencing construction soon, in
order to enable completion of the renovations in time for an
opening at the beginning of the 1987 summer season, prohibit the
filing of a Major Commercial Development application at this
time. Accordingly, nothing in this Decision should be taken as
implying approval by us of the proposed addition, notwithstanding
the fact that it is shown upon the Proposed Site Plan attached
hereto. Such approval, as noted, would be entirely in the province
of the Planning Board, upon the filing of an appropriate application.
6. The relief hereby granted is upon the following
conditions:
(a) The renovations and improvements upon the premises
shall be constructed substantially in accordance with the plans,
reduced copies of which (including an existing site plan, a proposed
site plan, and proposed first, second and third floor plans) are
attached hereto.
(b) The parking area, as shown upon the revised plan
attached hereto and made a part of this Decision as amended,
shall be surfaced with permeable materials approved by the Nantucket
Conservation Commission, and spaces for at least 73 cars shall be
designated. While the construction of the parking lot is not
fully subject to parking requirements in the by -law, because of
the prior nonconforming status of the structures and use, all
design and construction of the parking lot shall be done in
accordance with good planning practices.
(c) Not later than the beginning of the 1988 summer
season, the Applicants shall provide screening in conformity with
-2-
§139 -18.F of the by -law; provided, however, that if the Planning
Board shall issue a special permit under §139- 9.B.(4) prior
to such time, it may modify this condition in a manner consistent
with the plans and decision upon the granting of such special
permit.
7. For the reasons and upon the conditions set forth, the
BOARD OF APPEALS hereby GRANTS the Applicants relief under the
zoning by -law, Nantucket Code §139 -33.A, for the alteration by
structural change of the existing buildings upon the premises, by
a SPECIAL PERMIT, by a UNANIMOUS VOTE.
Dated "i?-h Co
Ncrn+(_ck,ett "
asp
�e Ql�
, 1987
c)zsr4 William R. Sherman
D rothy D. Vollans
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COMMONWEALTH OF MASSACHUSETTS
Madelyne G. Perry
OFFICE OF THE TOWN CLERK
TOWN CLERK
Nantucket,........ Di ax.ch ... 7................ 19 87
To whom it may concern;
I, Madelyne G. Perry, Town Clerk for
certify that the annexed #I is a true
filed with me by the Board of Appeals
and that the only action filed within
after to appeal therefrom consists of
Nantucket Superior Court.
the town of Nantucket
copy of a decision
on September 25,1986;
twenty days there -
CIVIL ACTION #2154 at
I further testify that said CIVIL ACTION #2154 was
dismissed with prejudice pursuant to a stipulation filed
with Nantucket Superior Court on February 27, 1987, as
approved by the court, a copy #2 which is annexed hereto.
�.ePerry
Town Clerk
COMMONWEALTH OF MASSACHUSETTS
NANTUCKET
SUPERIOR COURT
CIVIL ACTION
NO. 2154
MARION H. MORTON, et al.,
Plaintiffs,
VS.
STIPULATION
STEVEN S. FISCHMAN and THOMAS BLOCH,
TRUSTEES, WAUWINET TRUST, et al.,
Defendants.
It is hereby stipulated as follows:
1. Defendants Steven S. Fischman and ThQMas Bloch,"
�A Tr, S/J Wauwinet House, for themse3as, their ,
V ,
essors and assigns, agree that:
(a) They will not materially alter the layout or
the crushed stone surface of, the parking
area proposed for their improvements to the
Wauwinet House from that described in a plan
prepared by Arrowstreet, Inc., entitled
"Site Plan ", dated 1/14/87 and revised 1/23/87
J
C� ✓��z�,� (a copy of which is annexed hereto), in any
L I
9 manner which will adversely affect drainage
�.�� -
J
6'
onto the land of the plaintiffs, except to
the extent defendants may be required to so
alter the plans by applicable governmental
authority having jurisdiction; and
(b) They will repair, or cause to be repaired, any
damage to the water line traversing the parking
area described in the "Site Plan" referred to
in (a) above and serving the premises of
plaintiffs, resulting from the construction
or use of the said parking area; and
(c) In the event the said Wauwinet Trust,
or its successor or assigns in title,
after reasonable notice to the said
Wauwinet Trust, shall fail to repair
or cause to be repaired, the said damage
to the water line, all as set forth in
(b) above, then the plaintiffs, their
successors or assigns in title, may enter
upon the premises of the said parking lot
and make such repairs by excavation and
restoration as may be reasonably
required, all at the cost and expense of
-2-
defendants, or their successors and
assigns.
2. This action is hereby dismissed with prejudice
and without costs.
Steven S. Fischman, et al.
Trustees S/J
Wauwinet Trust
by their attorneys,
Davit: S. Weiss
Goulston & Storrs
400 Atlantic Avenue
Boston, Mass. 02210
Marion H. Morton, et al.
by their attorneys,
Wayne F. Holmes
Holmes, Hays & Fitzgerald
35 Center Street
Nantucket, Mass. 02554
William R. Sherman, et al.
as they are members of the
Board of Appeals of the
Town of Nantucket
by their attorneys,
-P"- �'O.1 / K- z
q�rli4than D. White
Deutsch, Williams, Brooks,
DeRensis, Holland & Drachman
One Liberty Square
Boston, Mass. 02109
Approved: �j I�t�g�ti`.�� , J.
-3-
NANTUCKET
HARBOR
NTIC
�N
WAUWINET INN STEPHEN KARP Title Date -1/14/87
Wauwlnet, Nantucket ARROWSTREET INC. SITE PLAN
ARCIIITECTS - PLANNERS "6'^ "d 1O lOnfv h ^ ° "''� •n..,i
Scde. 1-• 30'
WAYNE F HOLMES
WILLIAM H. HAYS DI
JULIE A. FITZGERALD
LAW OFFICES
HOLMES, HAYS & FITZGERALD
35 CENTER STREET
NANTUCKET, MASS. 02554
October 10, 1986
AREA CODE 617
228.0052
Mrs. Patricia Church
Clerk Magistrate
Superior Court
Nantucket, MA 02554
Re: Morton v Wauwinet Trust
et al
Dear Pat:
Enclosed for filing is the complaint and appeal of Mrs.
Marion Morton and Mrs. Anne Howell in the matter of the
decision of the Board of Appeals in the petition of Stev-
en S. Fischman, et al, Board of Appeals number 095 -86.
Very truly yours,
Wayne F. Holmes
cc Office of the Town Clerk
Town of Nantucket
Nantucket, Mass. 02554
VAPIi✓e
4VK r1.4n71
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
MARION H. MORTON and
ANN H. HOWELL
Plaintiffs,
V.
STEVEN S. FISCHMAN &.THOMAS
BLOCH TRUSTEES S/J WAUWINET
TRUST
and
WILLIAM R. SHERMAN, C. MARSHALL
BEALE and DOROTHY D. VOLLANS, as
they are the Members of the
NANTUCKET BOARD OF APPEALS,
Defendants
Superior Court Department
No. a/S -e/
COMPLAINT
1. Plaintiff, MARION H. MORTON resides at Annapolis, Maryland
and is the owner of real estate at Wauwinet, Nantucket, Massachusetts.
2. Plaintiff, ANNE H. HOWELL resides at Wyndmoor, PA and is
the owner of real estate at Wauwinet, Nantucket, Massachusetts.
3. Defendant, Steven S. Fischman and thomas Bloch, Trustees,
S/J Wauwinet Trust, (sometimes referred to as "Wauwinet Trust"
herein) maintains a principal place of business at c/o Gouldston
and Storrs, 400 Atlantic Avenue, Boston, MA 02210.
4. Defendants, William R. Sherman, C. Marshall Beale and
Dorothy D. Vollans, are individuals residing at Gay St., Primrose Lane and
Front Street, Siasconset
Nantucket, Massachusetts, and are the members of the Nantucket Board
of Appeals.
5. Wauwinet. Trust is the owner of real property and improve-
ments situated at Wauwinet in Nantucket, Nantucket County, Massachu-
setts, shown as Lots B, L.C.IPlan 15598 -A, Lot 32 L.C. Plan 15961-
D, and Lot 56, L.C. Plan 15961 -K, herein "the locus ". The said
-1-
parcels of land are situated in a Residential 1.
6. Wauwinet Trust has applied to the Nantucket Board of Appeals
for a special permit for the reconstruction of a hotel and the
expansion of parking areas, resulting in what is purported to be
a lesser number of rental units and a substantially enlarged paved
parking area and further represents that further construction may
occur as additions are made to the premises.
7. By decision dated September 25, 1986, and filed with the
Nantucket Town Clerk on September 25, 1986, the Board of Appeals
has issued a special-permit to Wauwinet Trust under the Nantucket
Zoning By- Law,-Section 139 -33A, for the reconstruction of the existing
hotel and a paved parking area to accomodate 73 cars. A certified
copy of the Decision is attached hereto as Exhibit A.
8. Section 139.33A of the By -Law provides that the Board of
Appeals may grant a special permit, in a residential district, to
allow:
Except as hereinafter provided, this chapter shall not -
apply to structures or uses lawfully in existence or lawfully
begun or to a building or special permit issued before the
first publication of notice of the public hearing on the bylaw
required by MGL C. 40A, § 5, Zoning Act, but shall apply to
any change or substantial extension of such use, to a build-
ing or special permit issued after the first notice of said
public hearing and to reconstruction, extension or structural
change of such structure and to any alteration of a structure
begun after the first notice of said public hearing to provide
for its use for a substantially different manner or to a sub-
stantially greater extent, except where alteration, reconstruction,
extension or structural change to a single- or two - family resi-
dential structure does not increase the nonconforming nature
of said structure. Pre - existing, nonconforming structures
or uses may be extended or altered, provided that no such
extension or alteration shall be permitted unless there is
a finding by the permit granting authority or by the special
permit granting authority designated by ordinance or bylaw
that such change, extension or alteration shall not be sub-
-2-
more detrimental than the existing nonconforming use to the
neighborhood. Where an existing structure violates a front,
rear or side line setback distance, the Board*of Appeals may
issue a special permit permitting the extension of the struc-
ture, provided that the nonconforming distance is not made
more nonconforming and the Board of Appeals finds that the
extension will not be substantially more detrimental to the
neighborhood. This section shall not apply to billboards,
signs and other advertising devices subject to the provision
of MGL C. 93 to C. 93D, § @ 29 through 33.
9. The Plaintiffs are the owners of certain lands adjoining
the locus of Wauwinet Trust and are aggrieved by the Decision.
10. The Decision exceeds the authority of the Board of Appeals
in that the proposed uses will be substantially more detrimental
to the property of plaintiffs than is the current non-conforming
use and the establishment of the parking lot will result in a dero-
gation of the wetlands of plaintiffs and a diminution of their use
and enjoyment of their property.
Wherefore, the Plaintiffs demands the said decision of the
Board of Appeals be annulled and for such other and further relief
as the Court deems just and equitable.
Dated: October 9, 1986
Wayne F. Holmes, Esq.
Holmes, Hays & Fitzgerald
35 Center Street
Nantucket, MA 02554
-3-
/rl
LAW OFFICES
HOLMES, HAYS & FITZGERALD
35 CENTER STREET
NANTUCKET, MASS. 02554
WAYNE F HOLMES
WILLIAM H. HAYS III
JULIE A. FITZGERALD
Mrs. Patricia Church
Clerk Magistrate
Superior Court
Nantucket, MA 02554
Dear Pat:
AREA CODE 617
228 -0052
October 10, 1986
Re: Morton v Wauwinet Trust
et al
Enclosed for filing is the complaint and appeal of Mrs.
Marion Morton and Mrs. Anne Howell in the matter of the
decision of the Board of Appeals in the petition of Stev-
en S. Fischman, et al, Board of Appeals number 095 -86.
Very truly yours,
i
Wayne F. Holmes
cc Office of the Town Clerk
Town of Nantucket
Nantucket, Mass. 02554
�l d 0& �ie R le, / 'G
vA+A/Ale d
` yI l�g,�e
�7r'✓ertA47,1 7,4 -411 611elfl
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
MARION H. MORTON and
ANN H. HOWELL
Plaintiffs,
kw,
Superior Court Department
No.
STEVEN S. FISCHMAN.& THOMAS
BLOCH TRUSTEES S/J WAUWINET COMPLAINT
TRUST
and
WILLIAM R. SHERMAN, C. MARSHALL
BEALE and DOROTHY D. VOLLANS, as
they are the Members of the
NANTUCKET BOARD OF APPEALS,
Defendants
1. Plaintiff, MARION H. MORTON resides at Annapolis, Maryland
and is the owner of real estate at Wauwinet, Nantucket, Massachusetts.
2. Plaintiff, ANNE H. HOWELL resides at Wyndmoor, PA and is
the owner of real estate at Wauwinet, Nantucket, Massachusetts.
3. Defendant, Steven S. Fischman and thomas Bloch, Trustees,
S/J Wauwinet Trust, (sometimes referred to as "Wauwinet Trust"
herein) maintains a principal place of business at c/o Gouldston
and Storrs, 400 Atlantic Avenue, Boston, MA 02210.
4. Defendants, William R. Sherman, C. Marshall Beale and
Dorothy D. Vollans, are individuals residing at Gay St., Primrose Lane and
Front Street, Siasconset
Nantucket, Massachusetts, and are the members of the Nantucket Board
of Appeals.
5. Wauwinet. Trust is the owner of real property and improve-
ments situated at Wauwinet in Nantucket, Nantucket County, Massachu-
setts, shown as Lots B, L.C.�Plan 15598 -A, Lot 32 L.C. Plan 15961-
D, and Lot 56, L.C. Plan 15961 -K7 herein "the locus ". The said
-1-
0
parcels of land are situated in a Residential 1.
6. Wauwinet Trust has applied to the Nantucket Board of Appeals
for a special permit for the reconstruction of a hotel and the
expansion of parking areas, resulting in what is purported to be
a lesser number of rental units and a substantially enlarged paved
parking area and further represents that further construction may
occur as additions are made to the premises.
7. By decision dated September 25, 1986, and filed with the
Nantucket. Town Clerk on September 25, 1986, the Board of Appeals
has issued a special permit to Wauwinet Trust under the Nantucket
Zoning By-Law, 'Section 139 -33A, for the reconstruction of the existing
hotel and a paved parking area to accomodate 73 cars. A certified
copy of the Decision is attached hereto as Exhibit A.
8. Section 139.33A of the By -Law provides that the Board of
Appeals may grant a special permit, in a residential district, to
allow:
Except as hereinafter provided, this chapter shall not
apply to structures or uses lawfully in existence or lawfully
begun or to a building or special permit issued before the
first publication of notice of the public hearing on the bylaw
required by MGL C. 40A, 9 5, Zoning Act, but shall apply to
any change or substantial extension of such use, to a build-
ing or special permit issued after the first notice of said
public hearing and to reconstruction, extension or structural
change of such structure and to any alteration of a structure
begun after the first notice of said public hearing to provide
for its use for a substantially different manner or to a sub-
stantially greater extent, except where alteration, reconstruction,
extension or structural change to a single- or two - family resi-
dential structure does not increase the nonconforming nature
of said structure. Pre - existing, nonconforming structures
or uses may be extended or altered, provided that no such
extension or alteration shall be permitted unless there is
a finding by the permit granting authority or by the special
permit granting authority designated by ordinance or bylaw
that such change, extension or alteration shall not be sub-
-2-
more detrimental than the existing nonconforming use to the
neighborhood. Where an existing structure violates a front,
rear or side line setback distance, the Board of Appeals may
issue a special permit permitting the extension of the struc-
ture, provided that the nonconforming distance is not made
more nonconforming and the Board of Appeals finds that the
extension will not be substantially more detrimental to the
neighborhood. This section shall not apply to billboards,
signs and other advertising devices subject to the provision
• of MGL C. 93 to C. 93D, § @ 29 through 33.
9. The Plaintiffs are the owners of certain lands adjoining
the locus of Wauwinet Trust and are aggrieved by the Decision.
10. The Decision exceeds the authority of the Board of Appeals
in that the proposed uses will be substantially more detrimental
to the property of plaintiffs than is the current non-conforming
use and the establishment of the parking lot will result in a dero-
gation of the wetlands of plaintiffs and a diminution of their use
and enjoyment of their property.
Wherefore, the Plaintiffs demands the said decision of the
Board of Appeals be annulled and for such other and further relief
as the Court deems just and equitable.
Dated: October 9, 1986
1
Wayne F. Holmes, Esq.
Holmes, Hays & Fitzgerald
35 Center Street
Nantucket, MA 02554
-3-
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
September 25, 1986
-r
Re: STEVEN S. FISCHMAN ANDC-THOMAS P. BLOCH, TRUSTEES OS 1
S/J WAUWINET TRUST (095 -86)
Enclosed, please find notice of a.decision of the BOARD
OF APPEASL which has this day been filed with the Town
Clerk.
Any appeal from this action shall be made pursuant to
Section 17 ofCChapter 40A of the General.Laws, and shall
be filed within twenty (20)-days after this date.
William R. Sherman, Chairman
BOARD OF APPEALS
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
DECISION:
In the matter of the Application of STEVEN S. FISCHMAN and
THOMAS P. BLOCH, Trustees of S/J WAUWINET TRUST (095 -86), at a
meeting of the BOARD OF APPEALS held at 1:30 P.M., on Friday,
` September 5, 1986, at the Town and County Building, Nantucket,
the Board enters the following Decision and makes the following
findings:
1. This is an application for a SPECIAL PERMIT under Nantucket
Code §139 -33.A (Pre- existing Nonconforming Use - Structural Change) .
If granted, the Applicants would be permitted to perform structural
changes in connection with renovation of their existing hotel and
cottages, not involving exterior changes, and reducing the number
of units. The premises are located at 115 and 120 WAUWINET ROAD
(Assessor's Parcels 11 -17, 12 -46 and 12 -47) ; Land Court Plan
15598 -A, Lot B; Land Court Plan 15961 -D, Lot 32; and Land Court
Plan 15961 -K, Lot 56; and are zoned RESIDENTIAL -1.
2. Based upon the application and the materials and testimony
presented at the public hearing, the Board finds that the Applicants'
structures, consisting of a hotel building to the west of the
travelled way leading from the end of Wauwinet Road to the north,
and six cottages on the easterly side of the travelled way,
antedate the adoption of the Nantucket zoning by -law in 1972.
Furthermore, their commercial use, the main building as a hotel
and the cottages as rental units managed through the hotel, is
nonconforming in the residential zone in which the premises are
located, and this nonconformity likewise has been in continuous
existence since a time prior to 1972. The exact number of units
now in use is difficult to determine, because some portions of
the premises have been used, effectively, as an employer dormitory
(accommodating summer workers not connected with the hotel business
upon the premises in many instances, we are told).
3. The Applicants propose to renovate the hotel (Building
1 upon the attached Site Plan) in the process realigning the
interior space into a smaller number of larger hotel units; there
will be 34 hotel units, plus a six -unit employer dormitory space
to serve operations with peak staff of 12. One of the two
restaurants now existing will be eliminated. The other seats up
to 100. They represent that Buildings 3, 4, 5 and 7 will be
demolished or removed from the site, and Buildings 2 and 6 will
be used, as rental cottages. A new parking area, containing at
least 73 spaces, will be constructed in the area to the east of
the travelled way. (The Applicants, at the public hearing,
volunteered their willingness, as a condition of this decision,
to construct such a parking lot, notwithstanding the prior
nonconforming status of their operations and the concomitant
grandfathering of parking as now provided.) A single loading
space will still be provided for Building 1. Such musical
entertainment as may be offered will be in keeping with the quiet
neighborhood environment.
4. Based upon the substantial neighborhood support for the
�plicants' plans as voiced at the public hearing, we find that
1e proposed alterations to the Applicants' premises will not be
ibstantially more detrimental than the existing nonconforming
,e to the neighborhood. In fact, we find that the reopening of
ie hotel in 1987 (it was closed during the 1986 summer season)
,11 confer a benefit upon the Wauwinet community, based upon the
.rong desire of many residents, as expressed at the meeting, to
:e a revitalized Wauwinet House in operation next year. The
:isting building is in ,a condition of deterioration, and the
�cconstruction proposed 5y the Applicants will bring safety
improvements as required by present -day Building code requirements,
as well as improvements to the appearance of the premises through
better maintenance than has existed in recent years.
5. Applicants represent that they intend to further improve
the premises by construction of an addition to the hotel building,
which will contain additional units and facilities. This addition
clearly would require a special permit as a Major Commercial
Development under §139- 9.B(4), which falls within the exclusive
jurisdiction of the Planning Board as special permit granting
authority. Applicants represent that their plans for this addition
are not complete; Applicants purchased the premises on July,
1986, and have been engaged in extensive discussions with
neighborhood residents and property owners in order to develop a
plan which will receive community support. They further represent
that the time constraints of commencing construction soon, in
order to enable completion of the renovations in time for an
opening at the beginning of the 1987 summer season, prohibit the
filing of a Major Commercial Development application at this
time. Accordingly, nothing in this Decision should be taken as
implying approval by us of the proposed addition, notwithstanding
the fact that it is shown upon the Proposed Site Plan attached
hereto. Such approval, as noted, would be entirely in the province
of the Planning Board, upon the filing of an appropriate application
6. The relief hereby granted is upon the following
conditions:
(a) The renovations and improvements upon the premises
shall be constructed substantially in accordance with the plans, _
reduced copies of which (including an existing site plan, a proposed
site plan, and proposed first, second and third floor plans) are
attached hereto.
(b) The parking area shown upon the proposed site plan
shall be surfaced with a tar and chip cover, and spaces for at
least 73 cars shall be properly marked. While the construction
of the parking lot is not fully subject to parking requirements
in the by -law, because of the prior nonconforming status of the
structures and use, all design •and construction of the parking
lot shall be done in accordance with good planning practices.
(c) Not later than the beginning of the 1988 summer
season, the Applicants shall provide screening in conformity with
-2-
5139 -18.F of the by -law; provided, however, that if the Planning
Board shall issue a special permit under S139-9.B.(4) prior to
such time, it may modify this condition in a manner consistent
with the plans and decision upon the granting of such special
permit.
7. For the reasons and upon the conditions set forth, the
BOARD OF APPEALS hereby GRANTS the Applicants relief under the
zoning by -law, Nantucket Code 5139 -33.A, for the alteration by
structural change of the existing buildings upon the premises, by
a VARIANCE, by a UNANIMOUS'~VOTE.
M,
Dated leYewnbW,', 1986
William R. Sherm n
Dorothy D. Vollans
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ANCNITEMS - PLAMMERS
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STEPHEN KARP Title
ARROWSiREET• INC. PROPOSED FIRST FLOOR PLAN
AaCHtTLCTa - MANNLXS _
Date
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WAUWINET INN
STEPHEN KARP
Title
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ARROWSTREET INC.
PaOPOSID SICONO FLOOa PLAN
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ARROWSTREET INC.
PROPOSID TWIRD FLOOR PLAN
ARGNIT[CTS - PLANNERS
stole.
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
September 299 1986
-w
Re: STEVEN S. FISCHMAN AND-THOMAS P. BLOCH, TRUSTEES OS
S/J WAUWINET TRUST (095 -86) 1
Enclosed, please find notice of a.decision of the BOARD
OF APPEASL 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
... .
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
IIS ION :
In the matter of the Application of STEVEN S. FISCHMAN and
DMAS P. BLOCH, Trustees of S/J WAUWINET TRUST (095 -86), at a
eting of the BOARD OF APPEALS held at 1:30 P.M., on Friday,
ptember 5, 1986, at the Town and County Building, Nantucket,
e Board enters the following Decision and makes the following
ndings:
1. This is an application for a SPECIAL PERMIT under Nantucket
Code §139 -33.A (Pre- existing Nonconforming Use- Structural Change) .
If granted, the Applicants would be permitted to perform structural
changes in connection with renovation of their existing hotel and
cottages, not involving exterior changes, and reducing the number
of units. The premises are located at 115 and 120 WAUWINET ROAD
(Assessor's Parcels 11 -17, 12 -46 and 12 -47); Land Court Plan
15598 -A, Lot B; Land Court Plan 15961 -D, Lot 32; and Land Court
Plan 15961 -K, Lot 56; and are zoned RESIDENTIAL -1.
2. Based upon the application and the materials and testimony
presented at the public hearing, the Board finds that the Applicants'
structures, consisting of a hotel building to the west of the
travelled way leading from the end of Wauwinet Road to the north,
and six cottages on the easterly side of the travelled way,
antedate the adoption of the Nantucket zoning by -law in 1972.
Furthermore, their commercial use, the main building as a hotel
and the cottages as rental units managed through the hotel, is
nonconforming in the residential zone in which the premises are
located, and this nonconformity likewise has been in continuous
existence since a time prior to 1972. The exact number of units
now in use is difficult to determine, because some portions of
the premises have been used, effectively, as an employer dormitory
(accommodating summer workers not connected with the hotel business
upon the premises in many instances, we are told).
3. The Applicants propose to renovate the hotel (Building
1 upon the attached Site Plan) in the process realigning the
interior space into a smaller number of larger hotel units; there
will be 34 hotel units, plus a six -unit employer dormitory space
to serve operations with peak staff of_ 12. One of the two
restaurants now existing will be eliminated. The other seats up
to 100. They represent that Buildings 3, 4, 5 and 7 will be
demolished or removed from the site, and Buildings 2 and 6 will
be used, as rental cottages. A new parking area, containing at
least 73 spaces, will be constructed in the area to the east of
the travelled way. (The Applicants, at the public hearing,
volunteered their willingness, as a condition of this decision,
to construct such a parking lot, notwithstanding the prior
nonconforming status of their operations and the concomitant
"grandfathering" of parking as now provided.) A single loading
space will still be provided for Building I. Such musical
entertainment as may be offered will be in kee p ing with the quiet
neighborhood environment.
4. Based upon the substantial neighborhood support for the
Applicants' plans as voiced at the public hearing, we find that
the proposed alterations to the Applicants' premises will not be
substantially more detrimental than the existing nonconforming
use to the neighborhood. In fact, we find that the reopening of
the hotel in 1987 (it was closed during the 1986 summer season)
will confer a benefit upon the Wauwinet community, based upon the
strong desire of many residents, as expressed at the meeting, to
see a revitalized Wauwinet House in operation next year. The
existing building is in a condition of deterioration, and the
reconstruction proposed 5y the Applicants will bring safety
improvements as required by present -day Building code requirements,
as well as improvements to the appearance of the premises through
better maintenance than has existed in recent years.
5. Applicants represent that they intend to further improve
the premises by construction of an addition to the hotel building,
which will contain additional units and facilities. This addition
clearly would require a special permit as a Major Commercial
Development under §139- 9.B(4), which falls within the exclusive
jurisdiction of the Planning Board as special permit granting
authority. Applicants represent that their plans for this addition
are not complete; Applicants purchased the premises on July,
1986, and have been engaged in extensive discussions with
neighborhood residents and property owners in order to develop a
plan which will receive community support. They further represent
that the time constraints of commencing construction soon, in
order to enable completion of the renovations in time for an
opening at the beginning of the 1987 summer season, prohibit the
filing of a Major Commercial Development application at this
time. Accordingly, nothing in this Decision should be taken as
implying approval by us of the proposed addition, notwithstanding
the fact that it is shown upon the Proposed Site Plan attached
hereto. Such approval, as noted, would be entirely in the province
of the Planning Board, upon the filing of an appropriate application:
6. The relief hereby granted is upon the following
conditions:
(a) The renovations and improvements upon the premises
shall be constructed substantially in accordance with the plans,
reduced copies of which (including an existing site plan, a proposed
site plan, and proposed first, second and third floor plans) are
attached hereto.
(b) The parking area shown upon the proposed site plan
shall be surfaced with a tar and chip cover, and spaces for at
least 73 cars shall be properly marked. While the construction
of the parking lot is not fully subject to parking requirements
in the by -law, because of the prior nonconforming status of the
structures and use, all design and construction of the parking
lot shall be done in accordance with good planning practices.
(c) Not later than the beginning of the 1988 summer
season, the Applicants shall provide screening in conformity with
§139 -18.F of the by -law; provided, however, that if the Planning
Board shall issue a special permit under §139- 9.B.(4) prior to
such time, it may modify this condition in a manner consistent
with the plans and decision upon the granting of such special
permit.
7. For the reasons and upon the conditions set forth, the
BOARD OF APPEALS hereby GRANTS the Applicants relief under the
zoning by -law, Nantucket Code §139 -33.A, for the alteration by
structural change of the existing buildings upon the premises, by
a VARIANCE, by a UNANIMOUS 'VOTE.
Dated �w?bQ� ,2jr. 1986
f
William R. Sherm n
40'�I�1
Dorothy D. Vollans
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ARROWSTREET• INC. PROPOSED FIRST FLOOR PLAN
Wauwinel, Nantucket ARCHITECTS - PLANNERS
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WAUWINET INN
STEPHEN KARP
Title
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ARROWSTREET INC.
PROPOSED SECOND FLOOR PLAN
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ARCB(TLCTS - PLANNERS
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Wauwinet. Nantucket
ARROWSTREET INC.
PROPOSED THIRD FLOOR PLAN
ARCHITECTS - PLANNERS
Seale.
4* _4�/D3
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held
on Friday, September 5, 1986, at 1:30 P.M., in the TOWN AND
COUNTY BUILDING, FEDERAL AND BROAD STREET, NANTUCKET, on the
Application of STEVEN S. FISCHMAN and THOMAS P. BLOCH, Trustees
of S/J WAUWINET TRUST (O?r-86), seeking a SPECIAL PERMIT under
Nantucket Code §139 -33.A (Preexisting Nonconforming Use - Struc-
tural Change). If granted the applicants would be permitted
to perform structural changes in the renovation of their existing
hotel and cottages, not involving exterior changes, and reducing
(at this time) the number of units from 52 to 40. The premises
are located at 115 and 120 WAUWINET ROAD (Assessor's Parcels
11 -17, 12 -46 and 12 -47), Land Court Plan 15598 -A, Lot B; Land
Court Plan 15961 -D, Lot 32; and Land Court Plan 15961 -K, Lot 56,
and are zoned RESIDENTIAL -1.
Z, - (
William R. Sherman, Chairman
BOARD OF APPEALS
FEE $100.00
To the Members of the Board of Appeals:
Case No.
The undersigned hereby apfiies for relief from the terms of the
(ZONING BY- LAW)(901LOT-0 CODE) on Property described below:
Location of Property 115 _and 120 Wauwinet Road (11 -17• 12 -47)
Lot No. L C 15598 -A Lot B• L.C. 15961 -� f' AM Lot 32; L.C. 15961 -K, Lot 56
District is zoned for Residential -1
Type of structure (Existing or Proposed) or propose4 use: Hotel and cottages
Owner's Name Steven S. Fischman and Thomas P. Bloch,
Trustees of S/J Wauwinet Trust,
Owner's Address c o Read & Alger Prof. Corp., p,0. Bo 2669 Nantucket Mass. 02584
When did you acquire this property? july 21 1986 Has application been filed at Building Department? No.
Has any previous appeal been made? No.
Section of By -Law or Code from which relief is requegted:
§139 33 A (Preexisting nonconforming uses - structural change)
Reason for asking relief: Applicants desire to renovate their existing non-con-
forming hotel and cottages, and require special permit relief in connection with
structural changes in connection with such renovations No changes in the exterior
of the buildings are requested. The number of units will be reduced from 52 to 40,
subject to future applications.
Signature of appplicant
Send all notices to: STEVEN S. FISCHMAN and
Reade & Alger Professional Corporation THOMAS P BIlJCH Trustees _
Post Office Box 2669 J
Nantucket, Massachusetts 02584 By A� ' / �F
ATTACH: (1) A list of the names and addresses of 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
Application submitted to Board l� ^�
Advertising dates
Hearing date(s)
Decision of Board
Decision filed with the Town Clerk
TOWN OF NANTUCKET
BOARD OF APP EA..
I i�t of , parties in interest in tli;. ratter of the petition c'.
Steven S. 'Fischman and Thomas P. Bloch, Trustees of
Name S/J Wauwinet Trust -.—
c/o Arthur I. Reade, Jr., Reade & Alger Professional Corp.,
'Aedrasr 4 Young-'s Wav,'P O Box 2669, Nantucket, Mass. 02584
P :,operty Address 115 Wauwinet Road (12 -46 and 12 -47) _
See Attached List���>
1 certify the foregoing is a list of persons who are owners of la
af,utting'the property, owners of land abutting the abutters, owner
of land'directly opposite the property on any street or way, an -
own. =rs of land within 300 feet of the property, all as they appe
c•n the most recent applicable TAX list.
rate Assessor
Town of Nantucket
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TOWN OF NANTUCKET
BOARD OF A.Pi EA=:
I:i!�t of , partin: in interest ir, t1-,- r:.at'_er of tl-,e petition c
Steven S. Fischman and Thomas P. Bloch, Trustees of
Name S/J Wauwinet Trust--
c/o Arthur I. Reade, Jr., Reade & Alger Professinal Corp.,
P,c:urc2SF 4 Young's Way, P.O. Box 2669 Nantucket, Mass. _02584
Property Address 120 Wauwinet Road (11 -17) _
See Attached List
1 certify the foregoing is a list of persons who are owners of la
a!-,uttingIthe property, owners of land abutting the abutters, owner
o- land "directly opposite the property on any street or way, ar.-
owncrs of land within 300 feet of the property, all as they appe
cn the most recent applicable TAX list.
August /1/, 1986
Date
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Assessor
Town of Nantucket
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