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
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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.