HomeMy WebLinkAbout095-88J NANTUCKET ZONING
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
File No. 095 -88
To: Parties in interest and others
116134
0'q6 - gg
November Y, 1988
Re: Decision in the Application of WESTMOOR ASSOCIATES
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.
William R. Sherman, Chairman
cc: Building Commissioner
Planning Board
Town Clerk
4
BOARD OF APPEALS 1 `'
NANTUCKET, MASSACHUSETTS 02554
At a public hearing on Thursday, October 13, 1988,
at 1:00 p.m. in the Town and County Building, Nantucket,
on the Application (095 -88) of WESTMOOR ASSOCIATES'having
an address at 85 Main Street, Nantucket, MA 02554, the
Nantucket zoning Board of Appeals made the following
DECISION: '
1. Applicant seeks a Special Permit under zoning Bylaw
Section 139 -33A to alter and extend an existing 9 -unit
guest house (the "Westmoor Inn "), nonconforming in this
Residential -2 zoning district, by increasing it to 15
guest rooms through interior renovation and addition of
third -floor dormers. The premises are located at 10
Westmoor Lane, Assessor's Parcel 41 -091, Land Court Plan
13328 -F, Lot 9.
2. Our findings are based upon the Application papers and
plans, specifically site plan SP -1 dated 10/12/88 and
floor plans A -1, A -2 & A -3 and elevations A -4, A -5 & A -6,
dated 8/9/88, together constituting our Exhibit "A ", also
testimony and representations received at our hearings of
September 23 and October 13, 1988.
3. Our threshold finding, based upon Applicant's
representations, is that this Westmoor Inn renovation does
not constitute a Major Commercial Development as set forth
in Section 139- 9B(4). While the renovated Inn will have
well in excess of 4000 SF of gross floor area in
commercial use, Applicant represents that less than 2000
SF will be affected by building permits issued since the
4/79 start of MCD regulation. Similarly, 22 off - street
parking spaces are required, but Applicant represents that
15 such spaces were provided for pre -4/79 uses. Finally,
more than 10 transient guest rooms will be available after
the renovation but only 8 are configured per post -4/79
building permit issuance. According to Section
139- 9B(4)(a)(2] then, an MCD will not result with the
present renovations, assuming the correctness of such
representations.
4. Next, we find that the guest house use, nonconfrorming
in this residential district, pre -dates 1972 enactment of
zoning and is, therefore, within the provisions of
'grandfathering' Section 139 -33A. To merit the Special
Permit requested for the proposed renovation, Applicant
must show that the renovation will not be substantially
morre detrimental to the neighborhood but in harmony with
the general purpose and intent of the zoning Bylaw. We so
find, subject to two conditions, namely:
File No. 095 -88
(1) The provision of 22 parking spaces and the
renovation of the Inn will be in substantial conformity
with Exhibit "A"; and
(2) Vegetative screening such as columnar cedar or
privet will be planted around areas of commercial use and
maintained, substantially as shown on the Exhibit "A" site
plan.
5. Our primary concern with the scale of the proposed
increase in intensity of use is the marginal adequacy of
access from Cliff Road via a 14' -wide easement. Since
emergency vehicles are able to traverse ways at least 12'
wide, the way was recently upgraded with gravel and
traffic is limited to that related to the Inn, we accept
Applicant's assertion of adequacy.
6. On this record, a continued nonconforming residential
use of a trailer near the westerly lot line has not been
established. We are not able, therefore, to make a finding
that the use is 'grandfathered' and therefore leave the
question for determination by the Building Commissioner,
or the,Health Officer if a matter of condemnation.
7. As we understand from Applicant, use and layout of the
first floor will not be changed, one guest room being
provided on this level for a total permitted occupancy of
2 persons. On the second floor, a dividing wall will be
removed to merge 2 small guest rooms into one located in
the westerly wart, for a total of 7 guest rooms and 15
permitted occupancy. With provision for required egress
and addition of dormers for added stand -up space, the
third floor will have 7 rooms and total permitted
occupancy of 14. Staff personnel will be limited, e.g., to
3 so as not to trigger a requirement for more than one
parking space.
8. On this 63,849 SF lot, the commercial use can be
generally isolated from surrounding residential uses, and
the Exhibit "A" site plan so provides. Proposed upgrading
of the premises for continued commercial use is not,
therefore, seen as substantially more detrimental to the
neighborhood. With the findings and conditions noted
above, we understand that the Planning Board's
recommendation is favorable and believe that abutter
objections are fairly answered.
9. Accordingly by unanimous vote, this Board grants to
Applicant the requested Special Permit under Section
139 -33A to alter and extend the Westmoor Inn and its
permitted use, in conformity with the conditions noted
above.
Signed as ofA/DwMber / , 1988
- 2 -
File No. 095-88
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4
NANTUCKET ZONING
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
September 6, 1988
NOTICE
A public hearing of the Board of Appeals will be held
on Friday, September 23, 1988, at az30 p.m. in the Town
and County Building, Nantucket, on the Application of:
WESTMOOR ASSOCIATES
Board of Appeals File No.09S - -88
seeking a Special Permit under Section 139 -33A to alter
and extend a nonconforming guest house use, said to
pre -date 1972 zoning, by adding 5 guest rooms on the third
floor to the existing IZ. rental units. The premises are at
10 Westmoor Lane (the " Westmoor Inn "), Assessor's Parcel
41 -091, Land Court Plan 13328 -F, Lot 9, zoned
Residential -2.
William R. Sherman, Chairman
WA Dorm 1 -87
APPL1,CAnON
NANTUCKET ZONING BOARD OF' AITI,.ALS ( "BOA")
No
' 1wrle►-' s name (s) : Westmoor Associates
`l;► i.l i.ng address ; 85 Main Street, Nantucket, Massachusetts 02554
•\ I) p .1 1 1. it n t ' :; n i ►111 e Same - - - -- ---------- - -- - -- - ---- - - - - -- ---- -_ - - -- --
Iai.1 ing address: Same
I•ocation of LoL(s): Assessor's nl;tp and i)ar,cel - - - - --
SLreet address 10 Westmoor Lane _
Itef;istr.y LC PI., X'�XX KX)&X)1 XXlXKX _13328 _F_.____. Lot: 9 Deed ref, 13661
Subdi- Vision 1976 �- - -_- - Flldor�;ed / / ANR7
Uate lots) acquired: 6 / 3_/_ 88 --------- 7.oIIiII ,IistriuL — �R -2
Number of dwelling units on lot(s): - Itent;tl l;uest r.00lns
t:onunet-cial rise on lot(-,;). - guest house_ _ _ MCD7 _
�- see attached synopsis of building -
11tlilding date(s): all. pre- I2 z011inf;'1 yes.
Building permit al)pl.ication Nos. and elate: ;Department Records - (; -c,f 07
Case No(s). or elates all prior BOA appl.icaLioul, None
__ - -_ - --
'�Late fully till zoning relief sou�;ltL to�;eLller wi el► ;111 respective Code sections
and stIbsectl.olls, specif ic;►l.ly, what: you pre,pe): ;(- corllpart'd wi t b present and
whaL grounds you urge, 11or IWA to In;tke e;►ch ! i.11dill�) per Section 139 -32A if
Variance, -30A if Special PeruliL, -33A it-- Lo olLe►- or extend 11011- collfol-ulillp
4►se, or to reverse 13ui.ldilig l.nspecCor byvAppeal per -3 -IA 1: li:
i
__.--_-Me ]Westmoor I_nn is a validly pre-existing lodging house in this Residential _2 zone.
The ap�iicant seeks a special permit to add 5 guest rooms to the third floor in accordance
--
with the attached plans. - - - - -- ----------- - - - - -- —
1• :IIC1oSUreS forming part of this Appl.icati.on: ;upplenl,,t►t. t;o above '
Site /Blot plan(s) -X t,,i Lh present /proposed st- rucLures X - -
Locus clap ]Floor plans present /proposc:cl -X Appeal. ripcord -- -
Needed: areas frontit �e.,_ •OLb;lcks _ -
t`, - _ -- s _ - -- C( :R/ __`_ p;trki.t►�; data
Assessor's cer. C i.f ied addressee I. is L
( ) X Mai 1 i n!, 1;,�>e 1:;� l_ X
Fee check for x;150.00 payable to 'Town of Nant.uckeC t (� '.�L
X 'C;tp" covenant
I certify tht►t the t-eCluestecl lnfor11111t ot► L,nlitte <I i:; substunti,;►l.ly complete
and Crud the hest ( n► teowl /cl�;e, un,.ler nncl prcn;►lti es of perjury.:
/Yj�lt/ A i it, I •
BUILDING DEPARTMENT RECORDS
The files at the Nantucket Building Department reveal three
building permit applications which can be summarized as follows:
1. On May 12, 1980, a building permit was issued
(application no. 1481 -80) for the installation of two new
skylights.
2. On February 13, 1983, a building permit was issued
(application no. 2689 -83) for a greenhouse and addition which
would add 336 square feet to the main structure (the new
construction being 14 feet by 24 feet).
3. On July 6, 1983 a building permit was issued
(application no. 2922 -83) for window and door alterations.
No Certificates of Occupancy have been issued by the
Building Department in connection with any of the above
described permits.
I
STATE OF MAINE
AFFIDAVIT OF FRANK HOLDGATE
I, Frank Holdgate, being duly sworn, depose and say:
1. I reside at 28 Linden Street, Rockland, Maine 04841 and
make this Affidavit on my own personal knowledge.
2. My parents operated a guest house situated at 10
Westmoor Lane in Nantucket, Massachusetts 02554 known as the
Westmoor Inn since before 1972 through and until they sold the
property in 1979 to the Walkers.
i
3. Prior to 1972, a trailer was situated on the 10
Westmoor Lane property. Said trailer remained in the original
location and was used continuously T ^Y _ ___a____ial ruese r0'y
since before 1972 through and until the property was sold in
1979.
SWORN UNDER THE PENALTIES OF PERJURY.
Dated: June , 1988
Rockland, ME