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Home My WebLink About024-88�'O— ff TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 April 0 , 1988 Re: Decision in the Application of NANTUCKET TENNIS CLUB, FOR ITSELF AND OWNERS WARREN AND LYNNE RICH (024 -88) 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. William R. Sherman, Chairman BOARD OF APPEALS cc: Building Commissioner Planning Board Town Clerk "BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a public hearing held on FRIDAY, MARCH 25, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, made the following Decision upon the Application of NANTUCKET TENNIS CLUB, FOR ITSELF AND OWNERS WARREN AND LYNNE RICH (024 -88) address Rt. 5, Box 748 -B, Easton, MD 21601. 1. Applicants seek a SPECIAL PERMIT under Zoning By -Law SECTION 139 -33A to alter an existing accessory building on the premises by in- stalling a bathroom, without exterior change, for the use of tennis club patrons. The premises are located at 12 WESTMORE LANE, Assessor's Parcel 41 -092, Plan Book 15, Page 14, zoned RESIDENTIAL -2. 2. Our findings are based upon the Application papers including site plan, marked our Exhibit "A ", and representations and testimony re- ceived at our hearing, also a letter dated 5/28/85 from then - Building Inspector Borchert, proferred at the hearing. 3. Applicants' lot of some 1.62 acres has access to Cliff Road via a way but otherwise no frontage. It apparently once comprised a 29,189 SF northerly lot and 40,847 SF southerly lot, now merged. The line dividing those prior lots ran between a single- family dwelling just to the south and a 1 -story wood -frame garage just to the north. Three tennis courts are to the north of the garage, now serving as a tennis shop as well as for storage. A fourth court is in the southwest corner. Parking spaces are provided for at least 5 cars and perhaps as many as 9. These tennis club facilities are represented as predating our mid -1972 adoption of zoning, as noted in the 5/28/85 Borchert letter. 4.Because of the lack of frontage, any use of the lot is non- conforming. The *Note to Section 139 -16A requires, for a lot of record with less than 20 -foot frontage,that: (024 -88) -2- "... any instrument, document, deed, covenant or other proof of right to pass and repass over the land of others, for the purpose of access ... must be submitted for approval to the Building Inspector [now Building Commissioner] prior to the issuance of a building or use permit." Such proof is not of record here. 5. Section 139 -8B(1) requires a Special Permit for uses by ex- ception in the Residential Districts, specifically for "commercial profit - making business operating community recreational facilities, such as ... tennis courts ..." Applicants' tennis club use is also non- conforming for lack of such Special Permit. If the facilities had been constructed since April, 1979, they would also require a Section 139 -9B(4) Special Permit as a Major Commercial Development. 6. Here, only installation of a bathroom about 5' x 7', is involved (replacing a furnace area) and perhaps associated lockers. No opposition was heard, no detriment to the neighborhood is foreseen, and the Planning Board's recommendation was favorable. We are thus able to make the necessary findings for Special Permit relief including harmony with the general purpose and intent of the zoning chapter. 7. Accordingly, based upon Applicants' representations and Exhibit "A ", this Board by UNANIMOUS vote GRANTS to Applicants the requested SPECIAL PERMIT under SECTION 139 -33A to install the proposed bathroom in the garage /tennis shop. Dated: April 1988 Nantucket, MA 02554 William R. Sherman . ///, �� cry �� Dorothy Vollans C U� Dale W. Waine NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, MARCH 25, 1988 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of NANTUCKET TENNIS CLUB, FOR ITSELF AND OWNERS WARREN AND LYNNE RICH (024 -88) seeking a SPECIAL PERMIT under SECTION 139 -33A to alter and extend a pre - existing non - conforming commercial use, a public tennis club, by adding a bathroom in the existing garage /shop without expanding the footprint of the structure. The bathroom will be used to service patrons of the club. The premises are located at 12 WESTMORE LANE, Assessor's Parcel 0041 -092, Plan Book 15, Page 14, and zoned RESIDENTIAL -2. Andrew J. Le 4y', 4Jr.,Jt`i4g Chairman BOARD OF APPEALS Y BOA � Form 1 -87 No.�- ARPEICATION NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner's name(s): Nf NTU.CKLT -CENN15 61-U6 `failing address: LAE IIUUT 55 p Applicant's name IAiAR�'2Cr1 FIND �.yNNE i�ICH Mailing address: 21601 Location of lot(s): Assessor's map and parcel: 1) 0 *1 -4) Street address 17- Westmoor Lane, Nantucket, MA. 02554 Registry LC PL, OBK_� PG, PL FL Lot Deed ref. 286/194 Subdivision — ndorsed _ /_ /_ ANR? Date lot(s) acquired: / / Zoning district _R/Y/ . -,% ,E}��r�c,t�4 -►�� Number of dwelling units on lot(s): ( Rental gueX rooms ?Commercial use on lot(s): 4 TENnitS &L)Rf-S MCD? Building date(s): all pre -'72 zoning? Yes or Building permit application. Nos. and dates Not applied for C of 0? Case No(s). or dates all prior BOA applications: None known State fully all zoning relief sought together with all respective Code sections and subsections, specifically, what you propose compared with present and what grounds you urge, for BOA to make each finding per Section 139 -32A if Variance, -30A if Special Permit, -33A if to alter or extend non- conforming use, or to reverse Building Inspector by Appeal per -31A & B: 33A - To place a small bathroom in the existing garage - tennis shop. There will be no expansion of the existing; building; the bathroom will service patrons of the tennis club. Enclosures forming part ,of this Application: Supplement to above Site /plot plan(s) � with present /proposed structures ✓ Locus map Floor plans present /proposed Appeal,record Needed: areas frontage setbacks GCR% parking data Assessor's certified addressee list (4 sets):, Mailing labels, (2..sets)�` Fee check for $150.00 payable to Town of Nantucket X "Cap" covenant I certify that the requested information submitted is substantially complete and true to th best of my knowledge, under pains and penalties of perjury: Signature -:1 /�C AUC ,�. ��J Applicant X Attorney /agent (If not owner, show basis for authority =to-�applY:): "!