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Form 3 -39
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
November 15 , 1989
To: Parties in interest and others
concerned with the decision of the
Board of Appeals in Application No. 060 _ 89
of: ROBERT AND GALE GREENHILL
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 day's 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: Town Clerk
Planning Board
Building Commissioner
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISION:
The BOARD OF APPEALS, at a public hearing held on Friday,
November 3, 1989 at 1:00 P.M. in the Town and County Building,
Nantucket, made the following DECISION upon the Application of
ROBERT and GALE GREENHILL (060 -89) of 433 Riversill Road,
Greenwich, Connecticut 06830.
1. Applicant seeks a SPECIAL PERMIT under Section 139 -22H
granting permission to construct an employer dormitory on their
property located at 16 Hoicks Hollow Road, Assessor's Map 23,
Parcel 1, and shown as Lot 2 on Land Court Plan No. 10524 -D as
evidenced by Certificate of Title No. 12,716 at the Nantucket
Registry District for the Land Court. The property is zoned
LIMITED USE GENERAL - 3.
2. Based upon the Application, supporting documents and
testimony presented at the public hearing, the Board finds that
the Applicant's proposed a single- story, two - bedroom employer
dormitory attached to a garage /boathouse structure is one of
several buildings clustered on a more than 22 acre site with
frontage on Sesachacha Pond and the Atlantic Ocean. The
Applicants anticipate housing between two and four employees in
these quarters. The project complies with the ground cover and
setback requirements of the Zoning By -Law.
3. Given the size of the parcel and its location far from
any existing housing that would be available and /or appropriate
for employees, the Board finds that the Applicants' needs are
best met by employee housing on site. In recognition of the
site's sensitivity, the Applicants desire to construct smaller,
less massive structures, and therefore have designed a separate
structure to provide roughly 800 square feet of living
accommodations for employees.
4. The Board notes that the Planning Board has recommended
against the grant of this Special Permit. The Planning Board is
concerned that allowing an employer dormitory in this context
creates the appearance of a third dwelling unit on a single
lot. The plans for the employer dormitory submitted do not
include a kitchen and the Board finds that this exclusion
together with the siting of the structures on the lot
distinguish the character of this employer dormitory from that
of an independant residential structure. The Applicants suggest
that the closely clustered structures and uses shown on the
proposed plans reflect the functioning of a single household and
are therefore in keeping with the zoning code's intent of
single- family residential uses in this zone. Furthermore, the
zoning code requires that all employer dormitories be reviewed
and approved on a case by case basis by this Board, thereby
minimizing the potential for abuse on sites where similar
conditions are not present. The location and size of this lot
and the design and siting of the proposed structures create a
unique set of circumstances upon which relief can be justified.
The Planning Board also refers to the length and condition of
the access road as a reason for their unfavorable
recommendation. The Board finds that there is no evidence
presented that the number of car trips to the site will increase
as a result of the relief requested. In fact, Applicants
contend that allowing them to house their employees on site will
reduce the need for the employees to travel daily from suitable
off -site accommodations to work. The existing roadway is narrow
but in fair condition and serves as an adequate driveway for the
proposed uses on the site.
5. The Board finds that the Applicants qualify for the
Section 139 -22H Special Permit pursuant to the standards set
forth in Section 139 -30 as the provision of housing by employers
for their employees is in harmony with the general purpose and
intent of the zoning code, provided, however, (a) that the
employer dormitory is constructed substantially in conformity
with the plans submitted to the Board and marked as Exhibit A,
(b) that there is no kitchen in the employer dormitory and (c)
that such employer dormitory is utilized for no less than two
and no more than four employees of the owner of this property at
one time.
6. Accordingly by UNANIMOUS vote, this Board GRANTS to the
Applicant the requested SPECIAL PERMIT under Section 139 -22H for
an employer dormitory on the site, subject to the three
above - stated conditions.
DATED: November 15, 1989
Nantucket, MA 02554
uui�ul A /od. it 110f
Willi R. Sherman
inda Will amg
r
Michael J%� O'Mara
/David J L Lbeg1'__/tCt
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Form 5 -89
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
&Aa. /3 , 1989
To: Parties in interest and others
concerned with the decision of the
Board of Appeals in Application No -6 O - �q
of: Ct lit (` C/ r e&m (tiC.')-L
Enclosed is the decision of the Board of Appeals which has
this day been filed with the Nantucket Town Clerk. This
decision [provides a clarification and not a modification
- or - authorizes a Temporary Permit under zoning Bylaw
Section 139 -26H].
C
William R. Sherman, Chai.rma
cc: Town Clerk
Planning Board
Building Commissioner
EDWARD FOLEY VAUGHAN
KEVIN F. DALE
MELISSA D. PHILBRICK
RACHEL G.HOBART
VAUGHAN, DALE AND PHILBRICK
ATTORNEYS AT LAW
WHALER'S LANE
NANTUCKET, MASS 02554
TEL:(508) 228 -4455
FAX:(508) 228 -3070
December 7, 1989
Mr. William Sherman, Chairman
Board of Appeals
Chestnut Street
Nantucket, Massachusetts 02554
RE: Special Permit No. 60 -89, Robert and Gail Greenhill
Dear Bill:
Construction plans have been finalized by the Greenhills for
the employer dormitory permitted by the Board at their last
meeting. In an effort to keep the Board fully informed and
everyone's files up to date, I am submitting herewith for the
Board's review the finalized plan for the interior layout of the
dorm.
As you can see from a comparison of the plans, the sole
change is that the location of the livingroom and one
bedroom /bath have been flipped. In substance the plans are
identical in that they show two bedrooms, one bath and a living
area. The exterior dimensions of the structure remain
completely unchanged.
I would request that the Board either deem these plans to be
in substantial conformitory with the plans marked as Exhibit A,
and therefore consistent with the Special Permit, or consider
Mr. William Sherman
December 7, 1989
Page .Two
the plans as a technical change that can be approved without
further hearings and formally substituted as the floor plans for
Exhibit A.
I plan to attend the Board's hearing to address any
questions that may arise. In the meantime, please feel free to
give me a call if you have any questions or comments.
RCH /md
enc.
cc: Mr. and Mrs. Robert Greenhill
Mr. Edward Knowles
Mr. Roger Church
Sincerely,
V
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
October 19, --939
NOTICE
A public hearing of the Board of Appeals will be held.
on Friday, November 3, 1989, at 1:00 p.m. in the Town
and County Building, Nantucket, on the Applicaticn of:
ROBERT and GAYLE GREENHILL
Board of Appeals File No. 0(,�} -89
seeking a Special Permit under Section 139 -22H to
construct and provide an Employer Dormitory for
employees as a one -story addition to a boat house / - r7.c�i-
building, to comprise a living room, 2 bedrooms and .:.
The premises are at 16 Hoicks Hollow Road belie_=
Sesachacha Pond and the Ocean, Assessor's Parcel G0
Lot 2 of Land Court Plan 10524 -D zoned Limited Use
General -3.
William R. Sherman, Chaw__,.___.
BOA Form 1 -89 NANTUCKET ANDZONING
COUNTYBOARD APPEALS
BUILDING Date �
NANTUCKET, MA 02554 CASE No.��J
APPLICATION FOR RELIEF
Owner's name(s): Robert and Gavle Greenhill __ —
Mailing address: _ 433 Riversill Road Greenwich Connecticut 06830
Applicant's name:_ SAME.
Mailing address: SAME
Location of lot: Assessor's map and parcel number 23 - 001
Street address: 16 Hoicks Hollow Road __
Registry Land Ct Plan, PUMXMXXkXM)9XX7F' A- RXt*V% 10524 -D Lot 2
Certificate of Title ]2,7.16
Date lot acquired: 10/21/86 �XX Zoning district LUG_ 3
Uses on lot - commercial: None X or
MCD?
- number of: dwellings2 duplex_ apartments_ rental rooms_
Building date (s) : all pre -8/72? _ or See attached descrintig7n of O ?_
Building Permit appl.'n. NOS. See Attached Descrint' - --
case Nos. all BoA applications, lawsuits: None _
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
if to alter or extend a nonconforming use). If appeal per 139 -3�A
& B , attach decision or order appealed. OK to attach addendum .
SEE ATTACHED ADDENDUM
Items enclosed as part of this Application: orderl addenduml X
Locus map X Site plan X showing presentX +planned X structures
Floor plans present proposed_ _ elevat>ons (11DC approved?---)
Listings lot area frontage setbacks GCR parking data
Assessor- certified addressee list 4 sets X ma�lhng labels 2 sets X_
(if 00 aneappeal, ask Town Clerk ntocsendXBldgo ,
comr's recordotonBoA.)
Ill certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and
penalties 9f7perjury. i
SIGNATURE: _ 1,/,l �' Applicant Attorney /agent X_
Melissa D. hilbrick, Attorney for the Greenhills
3(If not owner or owner's attorney, enclose proof of authority)
FOR 7BoCFFICE USF: / p� Application copies recd: 4_/ for B((OOA�A on[� / � / by y /
One copy filed with Town Clerk on /�6 d (bY /� complete ?�_&"
One copy each to Planning Bd and Building Dept/0/6/01 �J_-Ij -
$200 fee check given Town Treasurer on�/W /XbY/ wai /ved? _
Hearing notice posted�ka mailed��O I & ML��g LUG
Hearing(s) on _j__/_ cont'd to_/--/_, withdrawn ?_ /_j__
Decision due bye___/_ made----,� filed TC__/_J_ mailed _j_ /___
See related cases lawsuits------- other -
ADDENDUM TO APPLICATION OF
ROBERT & GAYLE GREENHILL
The applicant is seeking a Special Permit pursuant to
Section 139 -30A to permit an employer dormitory to be
constructed on the premises in accordance with Section 139 -22H
of the Nantucket Zoning Code. Applicant proposes to build an
ancillary structure with sleeping ac'commodatloils for household
staff as part of their residential complex off Hoicks Hollow
Road. The residential compound is sited in a remote area of the
more than 21 acre lot and will contain a primary dwelling,
secondary dwelling, and several ancillary structures such as a
greenhouse, garage and other storage facilities, along with the
proposed staff quarters. The provision of housing on site for
employees is one that the Town has sought to encourage through
the employer dormitory provisions of the Zoning Code. The
structures planned for this site are harmonious with all
dimensional and intensity regulations of the Code as well as the
Code's general purpose and intent.
Building Department Information
On December 30, 1980, Building Permit No. 1707 -80 was issued
for an addition to the existing dwelling and for a new garage on
the site.
On March 3, 1987, Building Permit No. 5247 -87 was issued for
an addition to the existing single- family structure.
On June 24, 1987, Building Permit No. 5488 -87 was issued to
construct a studio addition to the garage. The Certificate of
Occupancy in connection with this permit that issued on December
20, 1988 is stamped that this garage /studio is "not for human
habitation ".
On February 16, 1988, Building Permit No. 5886 -88 was issued
as a foundation only permit. This permit was necessary for the
structure housing the pump pit and filter system that services
the residence on the premises. The Certificate of Occupancy in
connection with this permit was issued on December 20, 1988.