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Home My WebLink About053-8805 3 - yy .TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 June-?, 1988 Re: Decision in the Application of CHRISTOPHER AND DOROTHY GORDON (053 -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. cc: Building Commissioner Planning Board Town Clerk William R. Sherman, Chairman BOARD OF APPEALS BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, MAY 20, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, made the following decision upon the Applica Lion of CHRISTOPHER AND DOROTHY GORDON (053 -88) address 8 Skyline Drive, Nantucket, MA 02554. 1. Applicants seek a SPECIAL PERMIT pursuant to zoning By -Law SECTION 139 -22D to construct and operate a public livery stable, with up to 22 horse stalls, for boarding, exercizing and training horses of Applicants and other horse owners. The premises are located at 8 SKYLINE DRIVE, Assessor's Parcel 79 -004, Plan File 11 -A, Lot 36, zoned LIMITED USE GENERAL -2. 2. Our findings are based upon the Application papers including a plan of their land dated 2/25/85, viewing and photoprints, representa- tions and testimony received at our hearing. 3. Applicants presently have their single - family dwelling on the 10.994 acre lot together with their 4 -stall private horse stable. They propose to construct a public stable approximately 84' x 144' detached and spaced westwardly from the house. Stalls will be provided within the stable opening onto an interior riding arena. Photoprints typifying stable construction were made of record. 4. While the LUG -2 district is for residential uses, not commercial, Sectioit 139 -22D allows for commercial use of a public stable in any district.Unlike a commercial "customary home occupation" provided for in Section 139 -7A(4) along with other uses allowed in LUG districts, a public stable requires a Special Permit. 5. To grant the requested Special Permit, we must find that the proposed public stable is in harmony with the general purposes and intent of the zoning By -Law. Here, the abutter with the most extensive exposure (053 -88) -2- to Applicants' lot testified in favor of the stable. No opposition was heard. With some 11 acres, the lot could be qualified (but has not been, we are told) for agricultural use exempt from zoning restrictions. Accordingly, we are able to make the n*juired finding. 6. Applicants accept the conditiow that the horses will not be offered to the general public for riding or riding lessons for hire. 7. Subject to the foregoing conditions, this Board grants to Applicants the requested SPECIAL PERMIT to construct and operate the proposed public stable with up to 22 horses on the premises. Dated: June .3, 1988 Nantucket, MA 02554 William R. Sherman Andrew J. Leddy, Jr. 1 � , Dorothy D."Vollans NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, MAY 20, 1988 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Applica- tion of CHRISTOPHER M. AND DOROTHY A. GORDON (053 -88) seeking a SPECIAL PERMIT pursuant to SECTION 139 -22D to construct and operate a livery stable for boarding, exercising and training horses but no horses will be used for public riding or public lessons. The premises are located at 8 SKYLINE DRIVE, Assessor's Parcel 79 -004, Planning File 11 -A, Lot 36, zoned LIMITED USE GENERAL -2. G�� _41 "William R. Sh rman, Chairman BOARD OF APPEALS BOA Form 1 -87 APPLICATION NANTUCKET 'ZONING BOARD OF APPEALS ( "BOA") Owner's name(s): CHRISTOPHER M. GORDON and DOROTHY A. GORDON Mailing address: 8 Skyline Drive, Nantucket, Massachusetts 02554 Applicant's name same as Owner Mailing address: same as Owner Location of lot(s): Assessor's map and parcel: 79 -04 Street address 8 Skyline Drive, Nantucket, Massachusetts 02554 Registry AX?(?PU Agx)MR4XAI PL FL 11 -A Lot 36 Deed ref. 198/212 Subdivision Endorsed 7/14 / 86 ANR7 Date lots) acquired: 3/ 1/ 83 Zoning district LUG -2 Number of dwelling units on lot(s): one Rental guest kooms Commercial use on lot(s): Plumbing Shop MCD? No Building date(s): all pre -'72 zoning? No or Building permit application Nos. and dates 3045 -83; 11/1/83v of 0? Case No(s). or dates all prior BOA applications: None 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: The Applicants seek a Special Permit to Section 139 -22C of the Zoning By -Law to construct a livery stable to enable the applicants to train, exercise and board thier own horses and to offer the same services to other horse owners on Nantucket on the express condition that no horses will be used for public ridinq or public lessons. Enclosures forming part of this Application: Supplement to above Site /plot plan(s) XX with present /proposed structures XX Locus map XX Floor plans present /proposed No Appeal,record None Needed: areas 10.99faronetage 207.54;etbacks 35' GCR% Barking data Assessor's certified addressee list (4 sets).XX Mailing -labels) (2.s XX Fee check for $150.00 payable to Town of Nantucket 'Cap" covenant I certify that the requested information submitted is substantially complete and trua to the best o�my kn/Ledge; under pains and penalties. of perjury Signature: (l- r /,J- f Applicant Attorney /Agent XX Chri to M ordo and Do ,&h ordon (If not owner, snows sis' or autiority rt�.Wpp�`y:Gj By Their Attorney, Kevin F. Dale FOR OFFICE USE �- �%� Application copies received: �or ro�) for BOA L$ b0by �f `� One copy given Town Clerk /Lp /by �—y Complete? C- One copy sent to Planning hoard and to Building, Dept. _� by $150.00 check given Town Treasu r �/ 6/ by _ Notices of hearing posted � 1621 _ mailed S /(OAT _ publishecL��/ Hearing(s) held on _ /_ /_ continued to _ /` / _ /_ /_ withdrawn? Decision made — /_ /_ filed with Town Clerk _ /_ /_ mailed See related files: application - litigation - other EDWARD FOLEY VAUGHAN KEVIN P DALE MELISSA D. PHILBRICK RACHEL C. HOBART VAUGHAN, DALE AND PHILBRICK ATTORNEYS AT LAW WHALERS LANE NANTUCKET, MASS 02554 (617) 228-4455 April 28, 1988 HAND DELIVERY William Sherman, Chairman Nantucket Board of Appeals Town and County Building Nantucket, Massachusetts 02554 RE: Gordon Special Permit Application Dear Chairman Sherman: Enclosed herewith for filing on behalf of my clients, Mr. and Mrs. Christopher M. Gordon, is an original application for Special Permit to allow a horse - boarding stable on the Gordon property in accordance with Section 139 -22C of the Zoning By -Law, a certified list of abutters, a locus map showing the current house and proposed stable, two sets of mailing labels and a check in the sum of $150.00 made payable to the Town of Nantucket. Please mark this matter for hearing on May 20, 1988 and call me if you need any additional information. Thank you for your help. Sincerely, KFD /bal Enc. cc: Mr. and Mrs. Christop r M. Gordon Nantucket Town Clerk Nantucket Building Inspector Nantucket Planning Board 656 VAUGHAN, DALE AND PHILBRICK ATTORNEYS AT LAW ' WHALERS LANE NANTUCKET, MA 02554 I 53-W/ 113 19 PAY J O o G TO THE It L / $ ORDER OF OLLARS is ttrifir ational Vank of Naulurkrf — NANTUC ET. MA. l E FOR6t)(Clon� ?5DA no0006 50un i:0 1 1 30 54 2 21: l"003 10461' BOA Form 1 -87 No,, _ APPLICATION NANTUCKET 'ZONING BOARD OF APPEALS ( "DOA ") Owner's name(s): CHRISTOPHER M. GORDON and DOROTHY A. GORDON Mailing address: 8 Skyline Drive, Nantucket, Massachusetts 02554 Applicant's name same as Owner Mailing address: same as Owner Location of lot(s): Assessor's map and parcel: 79 -04 Street address 8 Skyline Drive, Nantucket, Massachusetts 02554 Registry AX?C)[U A1Ax)Mk4XM PL FL 11 -A Lot 36 Deed ref. 198/212 Subdivision Endorsed 7 /14 / 86 ANR? Date Lot(s) acquired: 3/ 1/ 83 'Zoning district LUG -2 Number of dwelling units on lot(s): one Rental guest Looms Commercial use on lot(s): Plumbing Shop MCD? No Building date(s): all pre -'72 zoning? No or Building permit application Nos. and dates 3045 -83; 11/1/8.3✓ of O? Case No(s). or dates all prior BOA applications: None 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 byrAppeal per -31A & B: The Applicants seek a Special Permit to Section 139 -22C of the Zoning By -Law to construct a livery stable to enable the applicants to train, exercise and board thier own horses and to offer the same services to other horse owners on Nantucket on the express condition that no horses will be used for public ridinq or public lessons. Enclosures forming part of this Application: Supplement to above Site /plot plan(s) XX with present /proposed structures XX Locus map XX Floor plans present /proposed No Appeal.record None Needed: areas 10.99 faronPtage 207.54;etbacks 35' GCR% parking data Assessor's certified addressee list (4 sets):XX Mailing labels) (2.sQts) XX Fee check for $150.00 payable to Town of Nantucket 'Cap" covenant I certify that the requested information submitted is substantially complete and truo to the best o�my /,kn ledge, under pains and penalties of perjury.] Signature: �1- / J <' �'- -� Applicant Attorney /Agent XX Chri to M ordo and Do. th ordon (If not owner, smap sis" or a�.hority rt�.aypp�y.� By Their Attorney, Kevin F. Dale FOR OFFICE USE Application copies received: 4((or only ) for BOA _ /_ /_ by One copy given Town Clerk _ /_ /_ by Completel One copy sent to Planning Board and to Building Dept. by $150.00 check given Town Treasurer _ /_ /` by Notices of hearing posted _ /_ /_ mailed _ /_ /_ published Ilearing(s) held on — /_ /_ continued to _ /_ / _ /_ /_ withdrawn? Decision made _ /_ /, filed with Town Clerk _ /_ /_ mailed See related files: application - litigation - other