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HomeMy WebLinkAbout054-8805 Li-- 15? g , TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 June 3, 1988 Re: Decision in the Application of 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, MAY 20, 1988, at 1:30 P.M. at the Town and County Building, Broad Street, Nantucket, made the following Decision upon the Application of STEPHEN KARP and JILL KARP, Trustees of S/J WAUWINET TRUST (054 -88). 1. Applicants request a SPECIAL PERMIT under Nantucket Zoning By -law Section 139 -33.A (Alteration and Expansion of Pre - existing Nonconforming Use) , to enable construction of a one -story building of about 150 square feet to be used as a tennis pro shop with sale of tennis - related products and packaged snacks, and services of tennis professionals, adjacent to the tennis courts used in connection with the nonconforming hotel use (Wauwinet House) upon the premises. The premises are located at 115 and 120 WAUWINET ROAD, (Assessor's Parcels 11 -17, 12 -46 and 12 -47) , Land Court Plans 15593 -A, Lot B; 15961 -D, Lot 32; and 15961 -K, Lot 56; and are zoned as RESIDENTIAL -1. 2. The Applicants (or their predecessors as Trustees) previously secured relief by special permit from this Board in cases 095 -86 and 012 -87, to enable alteration and renovation of the Wauwinet House. We found in those cases, and find again here, that the nonconforming hotel use upon the Premises antedates the Nantucket Zoning By -law and has continued to the present without abandonment or three years of disuse. 3. Based upon the application, the representations and statements made at the public hearing, and our knowledge of the premises, we find that the proposed structure will meet all dimensional requirements of the Zoning By -law. Its use for services of tennis professionals, and sales of tennis - related equipment would be directly related to the existing tennis courts, used for the commercial purpose of recreation for hotel guests. The sale of packaged snacks, in the proposed location and upon the conditions that we impose, would have no significant effect upon the neighborhood where the Premises are located. Applicants requested a location for the structure southwest of the tennis courts; at the public hearing, they modified their request, citing neighborhood input, to place the structure on the easterly side of the tennis courts. 4. Relief granted hereby is made conditional upon the following matters: (a) No food preparation shall occur at the proposed structure. (b) The uses of the structure shall be ancillary to the hotel operation upon the Premises, and all food items shall be charged to a guest room. (c) No signs indicating the availability of food at the proposed structure shall be erected or placed anywhere. (d) Siting and construction of the proposed structure shall be done substantially in conformity with the revised plans as per the copies attached hereto. 5. Based upon these findings, and subject to the conditions herein imposed, we are able to find that the proposed structure and uses constitute an extension and alteration of a pre- existing nonconforming use, which will not be substantially more detrimental to the neighborhood than the existing nonconforming use. 6. Accordingly, this Board by UNANIMOUS vote GRANTS to Applicants relief by SPECIAL PERMIT to enable construction of the proposed structure and its use as a tennis pro shop as herein set forth, upon the conditions imposed by Paragraph 4 of this Decision. Dated: June 13— , 1988 William R. Sherman ��t ACA' othy . , o ns 1Z Dale W. Waine 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 STEPHEN AND JILL KARP, TRUSTEES OF S/J WAUWINET TRUST (054 -88) seeking a SPECIAL PERMIT under SECTION 139 -33A to erect a one -story building of about 150 SF for tennis pro shop use with sales of tennis - related products and packaged snacks, and ser- vices of tennis professional, sited just southwest of the Wauwinet House tennis courts in the RESIDENTIAL -1 district. The premises are located at 115, 120 WAUWINET ROAD, Assessor's Parcels 11 -017, 12 -046 and -047, Land Court Plans 15593 -A, Lot B; 15,961 -D, Lot 32; and 15,961 -K, Lot 56. See prior 095 -86 and 012 -87 for existing Special Permit relief. William R. Sherman, Chairman BOARD OF APPEALS Ile BOA Form 1 -87 No.. O r ARPLLCATION" NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") Owner's name(s): Stephen Karp and Jill Karp Trustees of S/J Wauwinet Trust Mailing address: c/o Reade & Alger Prof. Corp P O Box 2669 Nantucket MA 02584 Applicant's name : Same Mailing address: Location of lot(s): Assessor's map and parcel: 11 -17• 12 -46 and 47 Street address 115 and 120 Wauwinet Road Registry LC PL, PL BK & PC, PL FL 15598 -A Lot B, _ Deed ref. Cert. 1255_ Subdivision 15961 -D, Lot 32;_15961-K, Lot 56 Endorsed _ /_ /_ ANR? No Date lot(s) acquired: 7 /21/86 Zoning district Residential -1 Number of dwelling units on lot(s): 2 Rental guest rooms 34 Commercial use on lot(S): Hotel, cottages, tennis courts MCD? No Building date(s): all pre -'72 zoning? Yes or Building permit application Nos. and dates C of 0? Case No(s). or dates all prior BOA applications: 095 -86; 012 -87 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 slake 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: Applicants request issuance of a Special Permit under Nantucket Zoning By -law Section 139 -33.A (Expansion of Pre - existing Non - conforming Use), to permit erection and use of a one -story building containing about 150 square feet of floor area, to be used as a tennis pro shop ancillary to thQ existing tennis courts used for quests at the Wauwinet House. Activities will be limited to sales of tennis - related products, services of tennis professional, and sales of packaged snacks. Enclosures forming part of this Application: Supplement to above Site /Blot plan(s) x with present /proposed structures x Locus map Floor plans present /proposed Appeal,record Needed: areas frontage setbacks CCR% parking data Assessor's certified addressee list (4 sets). -, x .Mailing -labels" (2:.sQts)_ x 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 the best of my knoyledge, under pains'and penalties'of perjuryi Signature: j� A J-7 Applicant Attorney /agent x (If not owner, show basis ror autho'r'ity,=.lto ^apply-:) FOR 0�� CE USE % Q Application copies received: I; or only ) for BOA 44_S/ff__b_y One copy given Town Clerk r �_ Complete? C� One copy sent to Planning Board and to Building Dept._ $150.00 check given Town Treasurer Notices of hearing posted /ailed _K /(j�)�publi shed ,,C-/� _, J/Z/_ Hearing(s) held on _ /_ /_ continued to _ /_/_, , /_ /_ withdrawn? Decision made _ /_ /_ filed with Town Clerk _ /_ /_ mailed See related files: application - litigation - other N O T I C E 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 application of STEPHEN KARP and JILL KARP, Trustees of S/J WAUWINET TRUST ( -88), seeking a SPECIAL PERMIT under Zoning By -Law Section 139 -33.A (Expansion of Pre - existing, Non - conforming Use), to permit erection of a one -story building anciallary to tennis courts used by hotel guests upon the premises, to be used as a tennis professional's shop, and for sale of tennis - related products and packaged snacks. The Premises are located at 115 and 120 WAUWINET ROAD (Assessor2s Parcels 11 -17, 12 -46 and 12 -47), Land Court Plan 15593 -A, Lot B; 15961 -D, Lot 32; and 15961 -K, Lot 56; and are zoned as RESIDENTIAL -1. William R. Sherman, Chairman BOARD OF APPEALS