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HomeMy WebLinkAbout092-88TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 December 16, 1988 File No. To: Parties in interest and others Re: Decision in the Application of: MODIFICATION /CLARIFICATION OF DSECISION ON J. ARNOLD TEASDALE Enclosed is the decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. An appeal from this decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the decision must be brought by filing a complaint in court within twenty (20) days after this date. Notice of the action with a copy of the complaint and certified cony of the decision must be given to the Town Clerk so as to be received within such twenty (20) gays. cc: Building Commissioner Planning Board Town Clerk i Ala R. Snerman, Chairman Li • .r ra BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MA 02554 MINOR MODIFICATION / CLARIFICATION OF DECISION (092 -88) At a public hearing held on December 9, 1988 at 1:00 PM in the Town and County Building, Broad Street, Nantucket, the Board made the following minor modification / clarification of its October 28, 1988 Decision on the Application of J. Arnold Teasdale (092 -88). The Board recognizes that there are inherent difficulties for the Applicant in reconciling the interests and requirements of each of the local permit - granting authorities. With respect for the jurisdiction of each, the Board also recognizes that there was some reasonable degree of latitude in its prior decision to accommodate this process. Specifically, the Board found that an alternative plan showing a second possible siting of the building and configuration of the parb:ing area was within the scope and context of its original decision and that the modifications do not materially affect the findings and conclusions upon which the Special Permit was based. THEREFORE, upon a motion duly made and seconded, the BOARD voted UNANIIHOUSLY to modify / clarify its decison, as follows: Paragraph 3 shall be amended to read as follows: 3. Our findings are based upon the Application papers, a 5 -sheet set of floor and elevation plans dated 08/18/88 (Exhibit B), a parking plan dated 09/22/88 (Exhibit A), a parking plan dated 12/09/88 (Exhibit A'), together with the representations received at our September 30, 1988 and December 9, 1988 hearings. Subparagraph 5 (1), (2) and (3) shall be amended as follows: (1) The building shall he constructed substantially in accordance with the floor and elevation plans submitted as Exhibit B or their "mirror image" (inverted plans discussed but not submitted). (2) Parking shall be provided substantially in accordance with one of *he 9 -space parking plans submitted as either Exhibit A or Exhibit A'. (3) The parking area shall be screened in accordance with Section 139 -ISF (1) (b) from Nobadeer Farm Road and abutting properties substantially as is marked on Exhibit A, and in the event of use of the parking plan shown on Exhibit A', then screening in accordance with Section 139 -18F and in particular from the Chitester property to the east and from Teasdale Circle (it is recognized that visibility from the driveway may necessitate a lower screen on the Teasdale Circle side). O Al of the other terms <<nd conditions of our October 28 ,1988 Decision (092 -88) shall remain in full force and effect as stated therein and recordeJ as L. C. Document at the Nantucket Registry District for the Land Curt. William R. Sherman Ann Balas P er Doo ey y � _ C. Marsh I.-T Beale David Leggett NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 February 10, 1989 Joanne Holdgate, Town Clerk Town and County Building Nantucket, MA 02554 Re: Board of Appeals File 092 -88 - Teasdale Dear Mrs. Holdgate: Counsel for Mr. Teasdale recently called to our attention an error in our marking of an exhibit attached to our clarifying decision of December 16, 1988. That exhibit, the plot plan dated 12/9/88 with parking layout alternative to that of our 9/23/88 Exhibit "A" [attached to the original 10/28/88 decision] should have been marked Exhibit "All' in conformity with the text of the decision. A corrected Exhibit "All' is attached to the present letter. Kindly enter it in your records for File 092 -88. Respectfully, William R. Sherman, Chairman cc: David J. Moretti Building Commissioner Planning Board TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 October Zg, 1988 File No. (092 -88) To: Parties in interest and others Re: Decision in the Application of J. ARNOLD TEASDALE Enclosed is the decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. An appeal from this decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the decision must be brought by filing a complaint in court within twenty (20) days after this date. Notice of the action with a copy of the complaint and certified copy of the decision must be given to the Town Clerk so as to be received within such twenty (20) days. f William R. Sherman, Chairm cc: Building Commissioner Planning Board Town Clerk BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: At a public hearing held on September 30, 1988 at 1:30 pm in the Town and County Building, Broad Street, Nantucket, the Board made the following decision on the Application of J. Arnold Teasdale (09Z -88). 1. The Application sought approval by Special Permit pursuant to Section 139 -22H of the Nantucket Zoning By -Law for an Employee Dormitory. The proposed two -story structure would include eight dormitory rooms and one common kitchen.Relief by VARIANCE from the provisions of 139 -18F (1) (c) was sought in the original application. 2. The premises are located at One Teasdale Circle, Assessor's Parcel 069- 76,and Lot 59 on Land Court Plan 14342 -P. The district is zoned RC -2. 3. Our findings are based upon the Application papers, a 5 -sheet set of. floor and elevation plans dated 08/18/88 (Exhibit B)ja parking plan dated 9/22/88 (Exhibit A)ytogether with the representations received at our hearing. 4. Insofar as no opposition was heard and the continuing need for appropriate employer- controlled housing is apparent on Nantucket, we find that the grant of the requested relief with reasonable conditions is in harmony with the general purpose and intent of the Zon g By -Law and that strict compliance with the driveway -width requirements of 139 -18F (1) (c) would work a substantial hardship on Applicant. S. Accordingly, by UNANIMOUS vote this Board requested Special Permit, pursuant to 139 -22H, and a VARIANCE, from the provisions of Section 139 -18F feet wide driveway/ aisle along side space No. 9 a; parking plank to construct and to use the proposed the following conditions: GRANTS to Applicant the to the extent necessary, (1) (c) allowing a 12- s shown on Exhibit A (the employer dormitory upon (1) The building shall be constructed substantially in accordance with the floor and elevation plans submitted as Exhibit B. (2) Parking shall be provided substantially in accordance with the 9 -space parking plan submitted as Exhibit A. (3) The parking area shall be screened in accordance with Section 139 -18F (1) (b) from Nobadeer Farm Road and abutting properties, substantially as is marked on Exhibit A. (4) Applicant shall employ measures to encourage the use of the parking area such that the parking space designated as No. 9 on Exhibit A is the last space used or available for use by tenants and their guests for parking. Dated: -2- (5) Resident occupancy of the dormitory shall be limited to no more than sixteen (16) people and each room shall be limited to no more than two (2) residents, and (6) Each resident shall be in a direct employee - employer relationship with the employer to whom possession, control, leasehold or ownership of the respective unit, which the resident employee occupies, has been transferred or assigned. October Z9,1 1988 Nantucket, MA 02554 i WILLIAM R. SHERMAN Sri B�a�-