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HomeMy WebLinkAbout021-89COMMONWEALTH OF MASSACHUSETTS OFFICE TOWN NANTUCKET, MAS! March 8, 1991 TO WHOM IT MAY CONCERN: Joanne M. Holdgate Town Clerk I, Joanne M. Holdgate, duly elected Clerk of the Town of Nantucket, hereby certify pursuant to MA. GENERAL LAWS Chapter 40A, SECTION 11 that an Appeal of this Special Permit was taken to the Superior Court as Case 489 -21, that the Superior Court by Judgement dated January 9, 1991 affirmed the Decision of the Nantucket Zoning Board of Appeals granting such Special Permit and that no Appeal has been taken from that Decision as appears from the Superior Court Clerk's Certificate dated February 19, 1991 all appearing on the foregoing documents. LL /"Y Joanne M. Holdgat , Clerk COMMONWEALTH OF MASSACHUSETTS Nantucket, ss Superior Court No. 89 -21 WEISBROIT PRISCILLA BOLLARD AND CAROL SCHAUB ARZT VS. WESTMOOR ASSOCIATES, WILLIAM R. SHERMAN, DALE W. WAINE, MICHAEL O'MARA, DAVID J. LEGGETT, ANN BALAS, ROBERT'J. LEICHTER, C. MARSHALL BEALE, PETER F. DOOLEY CLERK'S CERTIFICATE I hereby certify Findings of Fact, Rulings and Order by Dolan, J., fand a Judgment were entered on January 9, 1991, in the above- entitled action. To date, no appeal has been filed in the case. Dated at Nantucket this 19th day of Febrt:ary, 1991. erk /Ma.gistrate CjL4a4oq- A_ I k r_. C,,� M C&4.4 E95 ffo.� 44.4 SA� f ea-t,..w �y JWJ(OXCA^-V amt � jr&" q f I CIql afjtjtK4,e4 dLe c�� a,,.i rc�r aw, atoj-4.._4 Cl Cl A* 64 a, 04 �e,°^"`� TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 JANUARY o� T, 1992 To: Parties in interest and others concerned with the Decision of the Board of Appeals in Application No.: 021 -89 of: WESTMOOR ASSOCIATES Enclosed is the Decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. This Decision provides aX� iXjXf1 2Tt XX�XUX1NXX6ffy � $ � X�$X i�M�lfg�f an EXTENSION or 1XXB under Zoning By -Law Section 139 -26H with no twenty (20) day appeal period required. cc: Town Clerk Planning Board Build? n.; Com-missioner 0 BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: At a public hearing on Friday, January 10, 1992, at 1:00 P.M. in the Town and County Building, Nantucket, Massachusetts on the application of WESTMOOR ASSOCIATES having an address of 85 Main Street, Nantucket, Massachusetts 02554, the Nantucket Zoning Board of Appeals made the following DECISION: 1. Applicant seeks an 021 -89, which Special Permit appealed to Superior Court. upholding the Special Permit The appeal period from that appeals on February 8, 1991. extension of Special Permit No. was granted by the Board and The Superior Court decision was entered on January 9, 1991. decision expired without further 2. Section 139- 30.I.(2) provides that the one year duration of a Special Permit is automatically extended until the final determination of any appellate review. Accordingly, Special Permit 021 -89, as upheld on appeal by the Superior Court, would expire on February 8, 1992. Accordingly, the Applicant has requested an extension of said Special Permit. 3. Hearing no objection, Section 139 -30.I. unanimously Permit No. 021 -89 as upheld by until August 8, 1992. the Board voted pursuant to to GRANT an extension of Special the Superior Court through and bert ,1. /Leichter inda F. Williams Date: January 1992 Nantucket, Massachusetts and #86decision ILI�"6 (J Xoz TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 April -7, 1989 File No. 021 -89 To: Parties in interest and others Re: Decision in the Application of: WESTMORE 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 wit- -.n twenty (20) days after this date. Notice of the action with a -.)y w of the complaint and certified copy of the decision must be g._ 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 BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: ublic hearing on Friday, March 31, 1989 at 1:00 P.M. At a p g Nantucket, Massachusetts on the at the Town and County Building, application (021 -89) of WESTMOOR ASSOCIATES having an address at 85 Main Street, Nantucket, Massachusetts 02554, the Nantucket Zoning Board of Appeals made the 1. Applicant seeks a Special Permit under the Zoning By -Law Section 139 -33A to alter the premises of the Westmoor Inn (a prior existing guest house in a residential -2 zoning district) by removing the trailer on the premises and the shed adjacent thereto, which shfo$min lies the withside a yard two setback, and replacing those nonconforming Structures carriage house containilgeftunder Seatione139e22H and 139m30Ayee housing. Additional re for the employer dormitory is also requested. The new carriage house will conform to side yard setback and ground cover requirements. The premises are located at 10 Westmoor Lane, ABcessoriParcel 41 -091, Land Court Plan No. 13328 -F, 2. Our findings are based upon the application papers a- specifically site plan SP1, floc plans for the carriage house, sp ec 28� 1989, plans Al and elevations A3, all dated February together constituting our "Exhibit A", also testimony and representations received at the public hearing. 3. Our first action is to correct Special Permit 0th-,-': a issued November 4, 1988 to the Applicant by recognizing total of 16 guest rooms were shown on thro edntherebyitut.i_:'_; Exhibit A to that Special Permit and app particular, Paragraph 7 of the 1988 special Permit is ccj.- . ected to show a total of 8 guest rooms on the second floor inE..;, =ad of the 7 guest rooms noted in the decision. No increasepin guest rooms is requested over and above the 16 guest by virtue of the 1988 Special Permit. 4. Our threshold finding on the new Application, based on the Applicant's representations, is that this additional renovation to the Westmoor Inn premises does not constitute a major commercial development as set feet9wiBl4be A Building Permit for an additional 1 necessary in connection with the carriage house construction. However, since less than 2,000 start of the MCD regu grehlationfincApaiby building permits since th of 1979, the site will not exceed the 4an square MCD. (similarly, floor area in commercial use that triggers required bringing an additional 4 off - street parking spaces are the total parking to 26 spaces. However, fifteen of such spaces were grandfathered for pre- April, 1979 uses. 5. Recognizing the general need on the Island to provide housing on site for employees and the elimination of two nonconforming structures which will result because of the construction, we find that the proposed carriage house will not be substantially more detrimental to the neighborhood than the existing uses and will be in harmony with the intent of the zoning by -laws. Because there is no increase in the number of guest rooms, we find that any increase in traffic along Westmoor Lane will not be significant. 6. Accordingly, by UNANIMOUS VOTE, this Board GRANTS to the Applicant the requested SPECIAL PERMIT under Sections 139 -33A and Sections 139 -22H and 139 -30A to remove from the premises the trailer and shed and to construct the carriage house as shown on Exhibit A for use as an employer dormitory. DATED: April '7 , 1989 Nantucket, Massachusetts 02554 William R. Sherman Dale W. Wayne c el O'Mara Davi J. Leggett NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCRETr MA 02554 March 16, 1989 NOTICE A public hearing of the Board of Appeals will be held on Friday, March 31, 1989, at 2:30 P.M. in the Town and County Building, Nantucket, on the Application of: WESTMOOR ASSOCIATES Board of Appeals File No. 021 -89 seeking a modification of its Special Permit 095 -88 to allow replacement of an existing trailer plus shed within the northerly side line setback and replace them with a 2- story, 3- bedroom "Carriage House" outside the 10' setback; additionally, a Special Permit under Section 139 -22H for its use as a 3 -unit Employer Dormitory; and for the principal building, correcting the 095 -88 Permit to show 8 guest rooms on the second floor and 16 total. The premises are at 10 Westmoor Lane, Assessor's Parcel 41 -091, Land Court Plan 13328 -F, Lot 9, zoned Residential -2. 3IV/ William R. Sherman, Chairman March 10, 1989 BY HAND Mr. William Sherman, Chairman Nantucket Zoning Board of Appeals Town and County Building Broad Street Nantucket, Massachusetts 02554 RE: Application for Correction and Modification of Special Permit to Westmoor Associates, 10 Westmoor Lane, Nantucket Dear Bill: Enclosed please find the above - referenced application to modify the Special Permit, the abutters list with two sets of mailing labels and our check in the amount of $200.00 for the filing fee. In addition, I request that the Board correct its decision of November 4, 1988, to reflect that the plans submitted show a total of 8 guest rooms on the second floor and 16 guest rooms in the Inn. If you or Linda have any questions prior to the hearing, please let me know. Sincerely, MDP /md encl. cc: Mr. Edward Cowles Mr. Richard Shevalier Mr. and Mrs. John G. Sussik VAUGHAN, DALE AND PHILBRICK ATTORNEYS AT LAW EDWARD FOLEY VAUGHAN WHALER'S LANE KEVIN F DALE NANTUCKET, MASS 02554 MELISSA D. PHILBRICK TE0508) 228 -4455 RACHEL G. HOBART FAX:(508) 228 -3070 March 10, 1989 BY HAND Mr. William Sherman, Chairman Nantucket Zoning Board of Appeals Town and County Building Broad Street Nantucket, Massachusetts 02554 RE: Application for Correction and Modification of Special Permit to Westmoor Associates, 10 Westmoor Lane, Nantucket Dear Bill: Enclosed please find the above - referenced application to modify the Special Permit, the abutters list with two sets of mailing labels and our check in the amount of $200.00 for the filing fee. In addition, I request that the Board correct its decision of November 4, 1988, to reflect that the plans submitted show a total of 8 guest rooms on the second floor and 16 guest rooms in the Inn. If you or Linda have any questions prior to the hearing, please let me know. Sincerely, MDP /md encl. cc: Mr. Edward Cowles Mr. Richard Shevalier Mr. and Mrs. John G. Sussik BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS March 10, 1989 TOWN AND COUNTY BUILDING Date ~ NANTUCKET, MA 02554 CASE No �d--Q FOR RELIEF Owner's name(s): Westmoor Associates Mailing address: 85 Main Street, Nantucket Applicant's name: SAME Mailing address: SAME Location of lot: Assessor's map and parcel number 41 - 91 Street address: 10 Westmoor Lane Registry Land Ct Plan, Plan Bk & Pg or Plan File 13328 -F Lot 9 Cert. 13661 Date lot acquired: �-12-1 88 D)WJXRXff _, _ Zoning district R -2 Uses on lot - commercial: None _ or uest_house MCD ?__ - number of: dwellings_ duplex_ apartments_ rental rooms 16 Building date(s): all pre -8/72? No or C of 0? Yes Building Permit appl'n. Nos. See attached synopsis of Building Department records. Case Nos. all BOA applications, lawsuits: 095 -88 State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BOA to make each finding per Section 139 -32A if Variance, 139 -30A X if a Special Permit (and 139 -33A X if to alter or extend a nonconforming use). If appeal per 139 -3A & B , attach decision or order appealed. OK to attach addendum . See attached addendum Items enclosed as part of this Application: orderl addendum2 X _ Locus map x Site plan X showing present X +planned x structures Floor plans present proposed x elevations (11DC approved?_) Listings lot area frontage setbacks GCR parking data___ Assessor-certified—addressee list 4 sets X ma�ling labels 2 sets_ 51200 fee payable to Town of Nantucket proof, 'cap' covenant_ _ (If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.) I certify that the reque JA4omplete and rue t he enaltie"t ry. information submitted is substantially ,of my knowledge, under the pains and /71 1 i 0��3(IfTUot GNARE plicant Attorney /agent X I� (I••.. ` lissa D. Philbri ck, Attorne_y for W�stmooprrg�sfc6tethority) n weer or owner s attorney, enclose II'• FOR " BOA FICE USE Application copies ree d: 4_ Or for BOA on��/� lbY CST _,,,� One copy filed with Town Clerk on�� by�w complete?(-,"' � ?_ One copy each to Planning Bd and Building Dept-,�/&P by $200 fee fee check given Town Treasurer on 3 6 � by �aived ?_ liearing notice posted / Jfmailed -,3h & M3`6� , Hearing(s) one_/_ cont'd to--/ __/_, ��_ withdrawn ?_ /_/_ Decision due bye_/_ made /_J_ filed TC_f —J_ mailed_J_/_ See related cases lawsuits other __ ADDENDUM TO APPLICATION OF WEST MOOR ASSOCIATES The applicant seeks to remove the validly pre- existing nonconforming trailer which had served as an employer dorm for the Inn and the nearby shed which is within the required setback, and replace them with a "Carriage House" with three bedrooms as shown on the floor plans attached. Accordingly, relief under Section 139 -33A is requested given the pre- existing use of the Inn as a guest house in a residential zone and the trailer's pre- existing use as an employer dorm. Applicant requests, alternatively, a Special Permit under Section 139 -22H for 3 bedroom employer dorm on the site. There would be no increase in the number of guest rooms. The additional parking required is shown on the site plan. The new construction does not trigger the Major Commercial Development requirements of Section 139- 9B(4). BUILDING DEPARTMENT RECORDS - WESTMOOR INN The files at the Nantucket Building Department reveal four building permit applications which can be summarized as follows: 1. On May 12, 1980, a building permit was issued (Application No. 1481 -80) for the installation of two new skylights. 2. On February 13, 1983, a building permit was issued (Application No. 2689 -83) for a greenhouse and addition which would add 336 square feet to the main structure (the new construction being 14 feet by 24 feet). 3. On July 6, 1983 a building permit was issued (Application No. 2922 -83) for window and door alterations. 4. Subseque$t to the November decision of the Board, building permit No. 6578 -89 was issued for the work permitted thereunder.