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Home My WebLink About012-9001 k 0 o/,=�) _�� Form 3 -89 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 April �0 , 1990 To: Parties in interest and others concerned with the decision of the Board of Appeals in Application No. 012 - 90 of --CHART-77 S. AND MONA GLIDDEN Ens. -- -mod se decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. I :. urpeal 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 uuy'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 r William R. Sherman, Chairman cc: Town Clerk Planning Board Building Commissioner d v R s Decision: BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS At a public hearing of the Board of Appeals held at the Town and County Building, Federal and Broad Streets, Nantucket on Friday, March 30, 1990, at 1:00 P.M., the Board made the following Decision: 1. This is an application by CHARLES S. GLIDDEN, JR. and MONA M. GLIDDEN (012 -90), for a Special Permit under Nantucket Zoning �y -law Section 139 -22.H (Employer Dormitories), to amend a Special Permit issued by this Board on April 7, 1986, in File No. 031 -86 (the "1986 Special Permit "). The applicants request removal of the requirement of the 1986 Special Permit which provides that the E::�.ployer Dormitory upon the Property be personal to the applicants, and further request expansion to up to 10 bedrooms with up to two occupants in each bedroom. The Property is located at 2 SALROS LOAD (Assessor's Parcel 66- 20.1), shown as Lot 2 on Plan Book 21 , Page 1 16, and one zoned as RESIDENTIAL - COMMER ^IAL -2. 2. By -law Section 139 -22.11 permits use for an employer 1 l.i all districts, subject to granting of a special permit. It is our understanding that Town policy favors employer dormi- tori-es as a method for providing housing for employees, subject to imposition of appropriate requirements and conditions. The 1x'86 Special Permit imposed certain conditions for use of the Property as an employer dormitory. Although this is a new Special Permit application, we treat it as a request for modification of -che 1986 Special Permit. 3. The 1986 Special Permit referred to a prior history of use of the Property by a previous owner with excessive intensity for youth housing, with litigation and enforcement procedures. of -his history, and because of the applicants' community ties and reputation for responsible property management, we inserted the provision that the special permit be personal to the applicants. We are told that the applicants now desire to sell the Property. Various abutters and neighbors attended our public hearing on this ,, ratter; some urged that we retain this condition, while others were critical of certain aspects of management of the Property. In any event, however, we are persuaded that the identity of management is less important than the provision of responsible on -site management, and certainly there is nothing uniqu,,: about either the Property or the applicants which requires that they personally continue to be responsible for management of the Pronert. 4. The 1986 Special Permit limited occupancy to 8 persons, and 10 persons when applicants obtain written authorization -1- from the Board of Health on a sewer connection. We have been presented with certification from the applicants' engineer, countersigned in concurrence by the Town Board of Health Agent, tnat one septic disposal system upon the Property is adequate to service 10 bedrooms under applicable legal requirements. Applicants request that we allow expansion of the Property to allow for up to 20 occupants in the existing dormitory building and the present garage, which they propose to convert to dormitory space. Abutters and neighbors expressed opposition to such intensity of use, and to present and future parking and traffic problems. We believe that the applicants' request is excessive, but are prepared to allow some expansion, particularly since the existing dormitory has seven bedrooms. 5. Accordingly, we have determined to grant a new Special .<<o�_ Eying the 1986 Special Permit by (a) removing the limitation that the c2mployer dormitory use be personal to the applicants and (b) allowing a maximum of 14 occupants upon the Property (and confirming and continuing in effect all other provisions of the 1986 Special Permit), subject to the following conditions which, we believe, address the public interest and the concerns,of - abutters and neighbors: a. There shall be, at all times when the Property is in as an employer dormitory, a resident on -site manager, whose name and address shall_ be registered with the Nantucket Police Department. This manager shall be an adult, and shall be an owner of the Property, or ( ii ) an employer of the owner of the Property, or (iii) in the event that the Property is leased to a single employer for dormitory purposes, an employee oL the lessee of the Property. b. Parking shall be provided as shown upon the plan attached hereto as Exhibit A. No parking spaces shall be situated so as to require backing into either Appleton Road or Salros Road. C. The Property shall be connected to public sewer as soon as such connection is available. d. There shall be no use of the Property except for ( i ) use of the Property as an employer dormitory as herein permitted, and (ii) conversion � of the garage nto a two- bedroom residential u n i t ; 6,) 1 i-(n ou� � / `� ✓tp�P c JJ�' �,Uyh _fiA,. , e. The total. number of occupants upon the Property at any time, including all uses herein described, shall be 14, of whom one shall be the resident manager. f. The bedrooms upon the Property may each be leased to a single employer, or any employer may rent any number of bedrooms. 7\7o employer may lease less than one entire bedroom. g. The applicants shall forthwith bring the Property in compliance with applicable building code requirements, subject to any determinations or waivers which the Building Commissioner may make, and a Certificate of Occupancy as an employer dormitory -hal' issued prior to any further use of the Property as such. 6. Subject to the conditions herein imposed, we find that the use of the Property as an employer dormitory is in harmony with the general purpose and intent of the By -law. 7. Accordingly, by a vote of four members in favor and one (Sherman) opposed, the Board of Appeals hereby grants a Special Permit, modifying the 1986 Special Permit in accordance with Paragraph 5 of this Decision, and subject to the conditions set forth tnerein. Date,. April /0 , 1990. (dd�,='6 /Glidden) William R. Sherman inda F0 P er F. Dooley -3- 0 4 E; H) A17 JI, I rt- I -� ;!�- -- V Ii WIPM ) JO L. All V Ii WIPM ) JO L. -A7 k - D V Ii WIPM ) JO L. NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MASSACHUSETTS 02554 February .5' , 1990 NOTICE A public hearing of the BOARD OF APPEALS will be held on Friday, March 9, 1990 at 1 :00 P.M. at the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of: CHARLES S. GLIDDEN, JR. and MONA M. GLIDDEN, Board of Appeals b�'. File No. 0 -90, seeking SPECIAL PERMIT under Section 139 -22.H (Employer Dormitories) to amend the Special Permit issued in File No. 031 -86, by removing the requirement that the employer dormitory hc� personal to the appl i cent s and the l i mi tat ion to 10 occupants, to allow expansion to 10 bedrooms with up to two occupants in each bedroom. The premises are located at 2 SALROS ROAD, Assessor's Parcel 66 -20.3, and are shown on Plan Book 21, Page 116 as Lot 2, William R. Sherman, Chairman BOARD OF APPEALS kah #5 /GLIDDEN BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No.O_LZ -% APPLICATION FOR RELIEF Owner's name(s): ;Charles S. Glidden, Jr. and Mona M. Glidden Mailing address: (-/o R ade k Ala_ar PrnfPCCinnal cor.nnratinnf Rnv 9F,f,9� Nanfnrkot, Applicant's name:Charles S. Glidden, Jr, and Mona M. Glidden Massachusetts 02584 Mailing address: - - - -- Location of lot: Assessor's map and parcel number 66 - 20.3 Street address: 2 Salros Road Registry Land Ct Plan, Plan Bk & Pg or Plan File 21 -116 Loth_ Date lot acquired: _L/Z/jffi Deed Ref 242,2,QL Zoning district gC -2 Uses on lot - commercial: None X or (employer dormitory) MCD ?_ - number of: dwellings_ duplex_ apartments_ rental rooms_ Building date(s): all pre -8/72? No or 1983 C of O ?Yes Building Permit appl'n. Nos. 2983 -83 Case Nos. all BoA applications, lawsuits: 031 -86 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 noncon.orming use). If appeal per 139 -3�A attach decision or order appealed. OK to attach addendum . Applicants request a special permit under Zoning By -Law Section 139 -22.H, to amend the existing special permit for an employer dormitory (031 -86), by eliminatinq the provisions that the employer dormitory be personal to the applicants (subparagraphs 3a and 3b of the decision in 031 -86) and that the limitation as to number of occupants in subparagraph 3d be modified to permit use as 10 bedrooms, no more than two occupants in each, in the two buildings upon the premises (see attached engineer's statement). Items enclosed as part of this Application: orderl addendum2 Locus map X Site plan_ showing present +planned structures Floor plans present_ proposed_ elevations _ (HDC approved ?_) Listings lot area frontage setbagks_ GCR parking data Assessor-certified-addressee Test 4 sets X majling labels 2 setsx 200 fee payable to Town of Nantucket X proof 'cap' covenant (If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of per ury. SIGNATURE: : /. h. Applicant Attorney /agent X 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE Application copies recd: 4 cl-11'or_ for BoA ong/5 /�Oby ( One copy filed with Town Clerk on r .(�xY� complete? One copy each to Planning Bd and Building Dept—Lf�q/2—bby C2 $200 fee check given Town Treasurer on '� by waived? _ Hearing notice posted_10io mailed i I & M� Hearing(s) one_/— cont'd to _/—/ —, �—/— withdrawn?_/—/ — Decision due bye—/— made�f�— filed TC —/_/— mailed —/_ See related cases lawsuits other 706 -2 JOHN J. SHUGRUE, INC. REGISTERED PROFESSIONAL ENGINEER & LAND SURVEYOR 57 OLD SOUTH ROAD -BOX 1811 • NANTUCKET, MASS. 02554 • TEL: 508/228 -4480 February 2,1990 Mr. Charles Glidden. Waydale Road Nantucket,Ma. 02554 Dear Mr. Glidden: After reviewing the Subsurface Sewerage Disposal Plan for Lot 2 Assessors Map 66 Parcel No. 20.3,2 Salros Road,Nantucket, Ma. I am of the conclusion that the two Leaching Pits which are in existance, Have a Leaching capacity of 11 10 gallons per day. Under the Ciirrent State regulations 310 CMR 15.02 the required leaching for a bedroom is 110 gallons per day. Therefore by simple mathement- ical calculations the Leaching Pits are adequate for 10 bedrooms providing that there are no garbage disposal units on the property. Sincerly;