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HomeMy WebLinkAbout060-890 (00 - S7 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 W 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.