The URL can be used to link to this page

Home My WebLink About107-88. R TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 December 16, 1988 File No. (107--88) To: Parties in interest and others Re: Decision in the Application of: MARY AKERSON, TRUSTEE OF NASHAQUISSET REALTY TRUST 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 : >o as to be received within such twenty (20) days. Williarma � cc: Building Commissioner Planning Board Town Clerk lej�A� . li '0 BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 ill,n T C T(1 TO. The BOARD OF APPEALS, at a public hearing held on FRIDAY, NOVEMBER 18, 1988, at 1:00 P.M., in the Town and County Building, Federal and Broad Streets, Nantucket, made the following decision upon the Application of MARY AKERSON, Trustee of NASHAQUISSET REALTY TRUST (107 -88) (Present Owner: THE NASHAQUISSET COOPERATIVE, INC.) 1. Applicant requests a SPECIAL PERMIT under the provisions of Nantucket Zoning By -law Section 139- 8.B(1) (Community Recreation. Facilities), to enable use of two tennis courts and one in- ground swimming pool to serve residents of the Nashaquisset development: and their guests. The Premises are located at 12 YOMPASHHAM LANE and 12 and 17 WASHAMAN AVENUE (Assessor's Parcels 55 -529, part of 55 -530, and 55 -539) , Plan File 14 -F, Lots 22 and 35, and Plan Book 24, Page 96, Lot 160, and are zoned RESIDENTIAL -10,. (Lot 23 on Plan File 14 -F, originally part of the application here, has now been redivided and the relevant portion is Lot 160 in Plan Book 24, Page 96.) 2. The Applicant represents that the Premises have the benefit of a plan freeze under General Laws, Chapter 40A, Section 6, by which the Residential -1 zoning requirements applicable to the Premises prior to the 1983 annual Town Meeting will remain is effect until March 26, 1992. This is not relevant to the matter before us, however, and we make no finding with regard thereto. 3. The Applicant is the owner of various lots in the subdivision shown upon Plan File 14 -F, many of which have been subsequently redivided; the Applicant's lots are known as "Nashaquisset ". The Applicant has already constructed two tennis courts and an in- ground swimming pool, permitted as a matter of right as ancillary to residential uses on the same lot, and requests permission for this use, as a private club not conducted for profit, by residents of Nashaquisset and their guests. Community recreational facilities, operated by private clubs not conducted for profit, are allowed by special permit in Residential zoning districts under By -law Section 139- 8.B(1). 4. We found that, if subjected to the conditions imposed by the following paragraph, the proposed recreational facilities will be in harmony with the general purpose and intent of the by -law. 5. The relief hereby granted is upon the following conditions: (a) The recreational facilities described herein must be operated by a private, not - for - profit club. (b) There will be no parking upon the cul -de -sac (Yompashham Lane) adjacent to the in- ground swimming pool. (c) The Applicant shall perform extensive landscaping around the recreational facilities to minimize their visibility from the streets on Plan File 14 -F and to cut down upon their overall visual impact. -2- 6. The Special Permit hereby granted shall apply only to the portion of the Premises with the tennis courts and in- ground pool permitted hereby, and any portion of the Premises not containing those facilities may be severed and sold or used for building purposes, if a plan showing such portion as a separate lot has been endorsed by the Nantucket Planning Board, provided that no zoning violation shall be created by such severance. 7. Accordingly, this Board, by UNANIMOUS vote, hereby grants the requested relief by SPECIAL PERMIT, upon the conditions set forth herein. J William R. Sherman Dated: 1988 Dale W. Waine David J. Leggett 7 -3- NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, NOVEMBER 18, 1988, at 1:00 P.M. in the TOWN AND COUNTRY BUILDING, FEDERAL and BROAD STREETS, NANTUCKET, on the application of MARY AKERSON, Trustee of NASHAQUISSET REALTY TRUST (/02-88), seeking a SPECIAL PERMIT under zoning By -Law Section 139 -8.B (2), for community recreational facilities (two tennis courts and one in- ground swimming pool), to serve the Nashaquisset development, for use by residentsof Nashaquis.set and their guests. The premises are located at 12 YOMPASHHAM LANE and 12 and 17 WASHAMAN AVENUE (Assessor's Parcels 55- 529,530 and 539) , Plan File Lot 22, 23 and 35, and are zoned as RESIDENTIAL -10 (said to be subject to Residential -1 zoning until March 26, 1992 by virtue of a zoning freeze). C" William R. Sherman, Chairman NANTUCKET BOARD OF APPEALS BOA Form 1 -87 APPLICATION NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") No.• / -- Owner's name(s): Mary Akerson, Trustee of Nashaquisset Realty Trust Mailing address: c/o Reade & Alger_ P.C., P.O. Box 2669, Nantucket, MA Applicant's name Mailing address: Location of lot(s): Assessor's map and parcel: 55- 529,530,539 Street address 9 and 1.7 Washaman Avenue:_ 12 Yomnashham Lane Registry X (&XHX�XHXXRKX &XR9, PL FL 14 -p Lot c 22,23,35 Deed ref. 278 -248 Subdivision Nashaquisset Endorsed 3/26/84 ANR? No Date lot(s) acquired: 6 /30/87 Zoning district Residential -10* Number of dwelling units on lot(s): One Rental guest booms No Commercial use on lot(s): None MCD7 Nn Building date(s): all pre -'72 zoning? Yes or Building permit application Nos. and dates C of 07 Nn Case No(s). or dates all prior BOA applications: 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: Applicant re-..,quests a Special Permit under Section 139 -8.B (1) for community recreational facilities (two tennis courts and one in- grnund swimming pool) to se,r.ve the Nashaquisset development, for use by residents of of Nashaquisset and their. quests. *Locus has benefit of zoning freeze as R -1 until March 26 1992 Enclosures forming part of this Application: Supplement to above Site /plot plan(s) X with present /proposed structures Locus map X Floor plans present- /proposed Appeal.record Needed: areas frontage setbacks GCR% parking dtita Assessor's certified addressee list (4 sets) , X.Mailing labels) (2,.sets)_X Fee check for $150.00 payable to Town of Nantucket "Cap" covenant f certify that the requested information submitted is substantially complete and truo to ie best of m knowledge, under pains and penalties of perjury., 2 Signature: z,1 L Applicant Attorney /agent X i (If not owner, show basis for authority.'1to apply-:). FOR OFFICE USE Application copies received: 4-',(or only ) for IOA /U/ by One copy given Town Clerk 11/L by Complete? v One copy sent to Planning Board and to Building Dept. by $150.00 check given To 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 IN/m, ,.•W N", M ,41",i