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Home My WebLink About011-04 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: Frz-brvory C{6 , 200'7 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 0/1- () 'f Owner/Applicant: c5o.rfltn r=. 1J-19.er I Qs Tr()S''/ee r5{} l!llf'~ Ua (..p c,Qs NOIh/np~ Trvst- Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of 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 an 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. ~jO'-~ \~~~ 1J0Jv1 o.y d. .. v~n.s/ Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING' TO NANTUCKET ZONING BY-LAW ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. NANTUCKET ZONING BOARD OF APPEALS 37 Washington Street Nantucket, Massachusetts 02554 Assessor's Map 42.4.2, ParcelS 82 Easton Street Limited Commercial Book 869, Page 161 Lot 4 Plan Book 7, Page 40 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, February 6, 2004, at 1:00 P.M., in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following Decision on the Application of SARAH F. ALGER, as TRUSTEE of RARE HALF GAS NOMINEE TRUST, c/o Sarah F. Alger, P.C., Two Union Street, Nantucket, Massachusetts 02554, File No. 011-04: 2. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law (the "By-law") ~139-10.B (Limited Commercial District) and ~139-33.A (alteration or expansion of a pre-existing, nonconforming use/structure) in order to convert an existing single-family dwelling into office space that would also contain ancillary storage space. Applicant proposes to operate its architectural business out of the main structure. The main structure is nonconforming as to the side yard setback requirement, having a setback on the east of about 3.3 feet at its closest point, in a district that requires a side yard setback of five feet. The structure is said to predate the 1972 effective date of the Nantucket Zoning By-law and to have been used as office space by a predecessor in title since at least 1993 without benefit of relief from this Board. Applicant also seeks relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-18 (Parking requirements). The structure contains about 1,650 square feet of gross floor area with about 1,000 square feet being used for office purposes and the remaining about 650 square feet used for ancillary storage space. A total of five spaces would be needed for the new use. Applicant can physically provide five spaces on the site in a stacked manner, including the two contained in the existing garage on the Locus. Five conforming spaces may not be possible to provide, and therefore, relief would be necessary to allow backing out of the Locus, and a waiver of three parking spaces and aisle width requirements to validate the proposed parking plan. The structures and the Locus otherwise comply with all dimensional requirements of the By-law. The Premises is located at 82 EASTON STREET, Assessor's Map 42.4.2, Parcel 005, Plan Book 7, Page 40, Lot 4. The Locus is zoned Limited-Commercial ("LC"). 3. Our accompanying recei ved at Decision is materials, our public based upon the and representations hearing. The Planning Application and and testimony Board made no recommendation as this matter was not of planning concern. There was no opposition presented at the public hearing. There were fi ve letters in the file. Two letters were from neighbors who expressed opposition to the Application based upon concerns about added traffic and on street parking congestion. There were two letters from the immediate abutters to the east and west on file in favor. They asked that the Board waive the parking requirements to avoid disturbing existing yard area and mentioned that backing out of driveways was common practice already in the neighborhood. One letter was submitted by a former employee of the, immediate predecessor in title, in which he stated that the structure had been used for office purposes without any complaint during his tenure. 4. Applicant, through counsel and personal testimony, represented that they proposed to use the existing structure upon the Locus as an office for Applicants' architectural firm and to use the garage for parking. About 1,000 square feet of the structure would be used as office space. The balance of the structure, including the basement, would be used for storage ancillary to the proposed office use. Only one business, the architectural firm, would operate out of the Locus. Under Zoning By-law ~l39-10.B, professional offices are permitted in the LC by Special Permit. Applicants stated that there was traditionally little traffic generated by their office, with a majority of clients being met at their building sites. 5. Applicant represented that the Locus was in the same ownership as the abutting hotel (known as the Harbor House) from 1962 until January 2004. During this time, the structure on the Locus was used as employee housing and as offices for the management of the hotel and other holdings. As set forth in the letter from the former employee of the immediate predecessor in ti tie to Applicant, the structure was used as office space at least from 1998 to the present. In addition, information was presented at the hearing that such office use dates back to at least 1993, and that permit records in the Building Department files reflect such use. Applicant further represented that in all likelihood the structure had not been used as a single-family dwelling since a time prior to 1972, having been owned by a business entity since 1962. 6. Applicants represented that under Zoning By-law ~139-18, five parking spaces would be required for the proposed 1,000 square-foot office space (one for every 200 square feet). Ai though Applicant might be able to provide all five required spaces on site, this would require Applicant to remove mature trees and plantings and virtually turn the entire property into a paved parking area, which would not be in harmony with surrounding properties and would, as a result, destroy the scenic and historic integrity of the neighborhood, which is primarily commercial, as shown on an area map presented by Applicant at the hearing. Applicant can provide five parking spaces on site (two 2 in the garage and three stacked in the driveway), but these spaces would not conform to the requirements of the Zoning By-law in that, in addition to being stacked, the spaces would necessitate backing out into the street, and the existing driveway did not meet aisle width requirements. 7. Therefore, based upon the foregoing, the Board notes that the Locus has been used for commercial purposes for some time without incident and that the two immediate abutters to the Locus are in favor of the requested relief and makes the following findings: (a) That use of the pre-existing, nonconforming structure upon the Locus as an office of about 1,000 square feet for an architectural firm, with the balance of the structure being used for storage ancillary to such office, and with the garage upon the Locus being used for parking, is not substantially more detrimental to the neighborhood than the existing use and is in harmony with the general purpose and intent of the Zoning By-law. (b) That the granting of a Special Permit waiving strict compliance with the parking requirements set forth in Zoning By-law ~139-1B is in harmony with the general purpose and intent of the By-law; that compliance with the parking requirements of ~139-1B is physically impossible for the Applicants to provide and, even if physically practical, would have a significant and adverse effect on the scenic and historic integri ty of the neighborhood; and that the granting of such relief is not contrary to sound traffic and safety considerations. (c) That relief from the requirement of an off-street loading facility is not required because the proposed use does not involve transport vehicle loading and unloading. B. Accordingly, by a UNANIMOUS vote, the Board of Appeals GRANTS the requested relief by SPECIAL PERMIT under Nantucket Zoning By-law ~~139-10. Band 139-33.A, allowing the use of the existing structure upon the Locus, which is pre-existing, nonconforming as to side yard setback, as an office of about 1,000 square feet for an architectural firm, with the balance of the structure being used for storage ancillary to such office, and with the garage upon the Locus being used for parking, and under Nantucket Zoning By-law ~139-18, waiving strict compliance with the parking requirements of ~139-18 to validate the parking plan submitted, subject to the conditions set forth in Paragraph 9. 9. The relief hereby granted is subject to the following conditions: (a) The parking area on the Locus shall be laid out in 3 substantial conformity to the "Parking Plan for 82 Street", as marked by the Applicants, dated February 6, reduced copy is attached hereto and marked as Exhibit A. Easton 2004, a (b) The use of the existing structure upon the Locus as an office of about 1,000 square feet for an architectural firm, with the balance of the structure being used for storage ancillary to such office, and with the garage upon the Locus being used for parking, shall not be changed to any other use without further relief from this Board. (c) Only one business en+,'t1i shall be allowed on the Locus at anyone time. 10. Under separate action, by a UNANIMOUS vote, the Board waived the site plan review requirement under By-law ~139-23. Dated: February ~O , 2004 ~~~~~~ c. ~ --,., rT") = N o rr: ;:u 2: - N w 4 /' . B ,)fAce~-otJ2R.IV~_=- -PJ' x. 1..0' EftS'TON I........... .(PUBUC - VAR8ABLE MDm) r;ift:~of)-~r~-';" :i!Z<~~ ylf-vJ:t:. , 11"$ i>( J fill 0 i Ml ,,.._ vo:: . , . '.t I -., , : ~I' '! .. '1. I " .... SIT. t: '.iNC, In- ,-~ .n 1I"~ VG; MlI . Nt =~ 1JI>{I5/4 -/ f'A IllSfR, ~.u:. PORC.H 1f$2' NIF EASTON RtN.7Y TRUST BIG ~~. PG. .~ 2 S1Y.' M)OD . :-EUJG.. . . HBGH1~2S.Q~', .aoo: .FOO1Mf:I.T. .&REA-fo.7$k;~ .... '.' '0 I.. F'.F.E.ia9.;8S;', ' 'fn;. ~'.' I ~ fl.F:.E.-J;OJ, :,:.', '~~, . !t) u ~ .' . .' 1l.~ oe;.. .. .~, :. . . ..." ~. ',-,..g: ;:.. ~~;'<::'::." ~:;~ / / NIf. JWI . '. '., ".. ... . :SOOTH,.... 'IJ(.. . 153', PG. :12. H~.', HEI$EJ .~. ~~ . ,.. 125, .PO;' . ) TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, FEBRUARY 6,2004 in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: RARE HALF GAS REALTY TRUST, SARAH F. ALGER, TRUSTEE BOARD OF APPEALS FILE NO. 011-04 Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By- law Section 139-lOB (Limited Commercial District) in order to convert an existing single-family dwelling into office space, that would also contain ancillary storage space, Applicant proposes to operate its architectural business out of the structure. The structure is said to have been used as office space by a predecessor in title since at least 1993 without benefit of relief from this Board, Applicant also seeks reliefby SPECIAL PERMIT under Nantucket Zoning By-law Section 139-18 (parking requirements). The structure contains about 1,650 square feet of gross floor area with about 1,000 square feet being used for office purposes and the remaining about 650 square feet used for ancillary storage space, A total of five spaces would be needed for the new use, Applicant can physically provide five spaces on the site in a stacked manner, Currently there are two parking spaces in the garage, However, five conforming spaces are not possible to provide and therefore relief would be necessary to allow backing out of the property, and a waiver of three parking spaces and aisle width requirements, The Premises is located at 82 EASTON STREET, Assessor's Map 42A.2, Parcel 005, Plan Book 7, Page 40, Lot 4. The property is zoned Limited-Commercial. THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 CASE No.O/f--o y FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): Sarah F. Alger, Trustee of Rare Half Gas Realty Trust Mailing address: 24 Pine Street, Nantucket, Massachusetts 0254 Applicant's name(s): Same Mailing address: Same Locus address: 82 Easton Street, Nantucket, Massachusetts 02554 Assessor's Map/Parcel: Map 42.4.2, Parcel 005 Land Court Plan/Plan Book & Page/Plan File No.: Plan Book 7, Page 40 Lot 4 Date lot acquired:0l/19/99 Deed Ref.!Cert. of Title: Book 607, Page 331 Zoning District: LC Uses on Lot - Commercial: None X Yes (describe) Residential: Number of dwellings 1 Duplex_ Apartments_Rental Rooms Building Date(s): All pre-date 7/72? yes C of O(s)? All CO's issued except CO for Permit No. which is pending. Building Permit Nos: Previous Zoning Board Application Nos.: State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing non~onformities: o .(;:::. See Addendum attached. C- :::=0 :z:: N W . J ~ ~ :g i'-J N \0 , 'I I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the, ains and penalties of perjury. ,/ - SIGNATURE: Applicant X. Attorney/Agent)( (If not owner or 0 ner's attorney, please enclose proof of agency to bring this matter before the Board) jyf FO~~ OFFICE USE ~. Application received on:-L!I~/(jrBY: Lf'?f.R) Complete: Need copies?:~ Filed with Town Clerk:_Lii)/(]j,Pl2'flning Rmlrd: 1 1 Buildin2: Dept.: ~ BY:~ Fee deposited with Town Treasurer:-L23Qj.By:~aiver requested?:_Granted:~ 1_ Hearing notice posted with Town Clerk:L?-'A!!jMailed:Lj2/)I(ffI&M:1F!Z.IQ!j& ~/2 '!;d~ Hearing(s) held on:_/~_ Opened on:~_I_ Continued to:_I_I_ Withdrawn?:_I_I_ DECISION DUE BY: 1 1 Made: 1 1 Filed wiT own Clerk: 1 1 Mailed: 1 1 --- --- --- --- DECISION APPEALED?:_I_I_ SUPERIOR COURT: LAND COURT Form 4/03/03 ~ ADDENDUM The Applicants are seeking a Special Permit under By- law ~139-10.B to allow the use of a pre-existing non- conforming structure at 82 Easton Street (the "premisesH) for office and ancillary storage purposes. The locus is located in a Limited-Commercial (LC) zoning district. Office uses are permitted in the LC district by Special Permit. The Applicants propose to run their architecture business out of the two-story, wood frame structure now existing at the Premises. This structure has been used as office space since at least 1993. The grant of a Special Permit regularizing the office use at the Premises is in harmony with the general purposes and intent of the By-law. The Applicants also seek relief by Special Permit from the parking requirements under By-law ~139-18. The structure contains about 1,650 square feet of gross floor area. Approximately 1,000 square feet will be used for office purposes, and the remaining 650 square feet will be devoted to ancillary storage. According to 139-18.D, the Applicants would be required to provide five (5) spaces. Although the Applicants could physically provide the required five (5) spaces on the lot, providing the parking would have a significant and adverse effect on the scenic integrity of the neighborhood. Therefore, the Applicants are seeking a waiver of parking spaces. .. NIF 9S1ON RtJtJY TRUST BIG. ~~_ PG. ~ ~.",,;---...:..:;:,,". ,1. i\" (,T .' '.. X;:'. \.. - (.f/ oO$)j \",., \', \, ( . .c,\. ..' ~ \ \ .. - \ v ,~,., ' \,.:~, . rtV' ") '\ $'\ (J ()6 "i\ \. o. J. \ . . 't .i i \.\ ' .' \;\ / .. I , '\.,'.,;;::~;>/~:..// I, MJ\JW .,,-......... /.., " !\f,,;J V'\ v (, /1 .. ') ,/ /'1. "II' "'., . 1') bt ~I\ EftS'TON "o,Ie;.'; (PUBUC - VARIABLE WIDTH) "-,. .. ~- , :.', '.: , 1 1 ' . ~It ~ . ~'. I . .._ :".\ 9 ~ l,,~ J ..~". J' , II ... BIT. C /j~C, ,-fn aGi In. ,~ '-1('tI .n. 1I"~ 4JI5. .~ v>;.~~: .' .,.. iJkJCI d tB\~ pJ" 'fI' tJP{I5/4 VII fA.' Il'l:im. ~ Ill-To .~ ,:..> ~. ~ r,;c__ _. - u PORC.H f!J2 11:/ II .. Jl u. (" ", .... c- ~. -. 2 sr;:. WOOD ,BLDG.. . J HE1GH1~2S.Q .'. .IlI.DG.FrXJ1MINT, ARf:Aa',i07S;t;:.sI:- . F::F.E.iDg~85:'. : fl.F:.e.-iOJ.':,: :ukt,"~ ',' 'lV~~ _ '''''''.:'' .' BOOTH " ~ 'fJ(. 153. PG.. 12 N./F H~ER1 . b:. CROWfU. .BK.. 125. ~2~ :c. . AI"'\MII If lEI ;. . ~ ...'." . ''f. ,4f.tO 11. E 121.991 ,,- ....~ u..~ ".~,._.'"<<l~- :""~ :...~- 111-."..... " 5'W,.F. . . ___' . . 4o'W.F. --- .---~ ---. ---- - ',1ST' '1. . .... , " / / / 'I ._V'" ~I'LL_ I~At'l7'/ -~~_-=. I I r ., I I. I I I rzfM'V" ./1"" JLlfCHI!f-l .. I I 1-----+ I , , " /~:J1.e::M~"t=- ...lL ooop-& st-loH t-J. l701ftO, F.A-fc.K H"-'''f .c-v'r.ui", I'N~ICA~ U .0. N.) of-i @'1'H' fl"p..s. / UF Fl-~1 FLooj'2-\ I I. ) LI'11'-J 1\ ~ 0y;:< ~ J2l:!1-1,,, If <;II-l)t- t cOU"I'fe12) 1"01"1> IN j?oOJ"<:A$1? ~ \, \, " / / / / 0fc.oND 1"["Of- rLAJ ~'""""""'~""'''-"~~~-\llf,~}'''';l',';:;~'{;;-m:f;f;]):;f~~i ZONING CLASSIFICATIONI ,~~~.. MIN, AREA: . . ,qqqq ,~.F. . . MIN. FRONT AGE: . -:49. ~f.. . , . FRONT YARD S.8., ,i{o.J..(~. , , REAR & SIDE S, 8. : ,S, Fr; . . GROUND COVER (Yo): . ?p, ./q . EXISTING: 574/ :t::s.F. :~f~: r~~ II II ONLY ORIG/NALLY STAMPED AND ENDORSED COPIES OF TH/S PlAN SHALL BE ACKNOWLEDGED BY THE CERTlFY/NG LAND SURVEYOR. . . ',,' . . "l . : : :~4::Z:7..> f{oLfS~: 10Sz:!:S,F. GARAGe; :'?;c;7=S.F. EASTON STREET C,6, ". 49.12 42.4, Z -4 Sn.pf.iEIJ GooD 42,4.2- 2> NAJJTi.lCKrr 13/..AJlD RE:.SORTS L- ----- S/DE:WAI..J( I I I ~ I :? I ! Q I I I I I \ ~ "<l: t, \ ~ I ~\~ \ I I I I I~~ I I~j I IIl:l I ! " 43.3Z':t:) , 84,7G;' _,' c.8. 3A'j: 42.4.2-' JODI BOOTK .0 0 ~.;{t 5,3~ ,"1 <J\ C \'C) ~ I ),..- 43, 33':!; .J BUILDING LOCATION PLAN OF LAND IN NANTUCKETg MASS. SCALE: 1":20' DATE: D~C. Z'3, .200'3 Rt;;V/S~: .:rAJ./. '.Zoo4 Owner: 1!.f.':'.T,ur:f!.l0: ,IfJJ.A.I'{J? .R,~.spm .L.L';.. L.oT 4 Deed: . r;Xrr: !>~! . . . Plan: ~9~,7, ~.,4?, , , Locus: :: ~~. ~~?!?"!. . ~ T; . . . . . . . . THIS PLOT PLAN WAS PREPARED FOR THE TOWN OF NANTUCKET BUILDING DEPARTMENT ONL Y AND SHOULD NOT BE CONSIDERED A PROPERTY LINE SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES. FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS PLOT PLAN IS NOTA CERTIFICATION AS TO TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESOR RECORDS, ASSESSOR MAP, .12/~.~. PARCEL: .~, . . BLACKWELL and ASSOCIATES, Inc. Professional Land. Surveyors 20 TEASDALE CIRCLE NANTUCKET, MASS. 02554 (508) 228-9026 B NOT TO BE RECORDED GZ5Z ~ ( i \ P,... ('!r~\!I=D . '. ,...,.....,_"""''J '; ';'''0'''''' 80ARD uf ASSESSORS Town of Nantucket 1/ '1,tJO DEe 1'1 2003 T iVN OF NA~ ,~.' ".... r ,,- .-T l"A [~ i UV1\.":' ,1"11 ZONING BOARD OF APPEALS , t., LIST OF PARTIES IN INTEREST IN THE MATIER OF THE PETITION OF PROPERTY OwNER. ,~~YXt.~'?:-:t. .J=:~ ~0:Y.'\J .K~.~~ r.-:t?.. .~.~~ MAILING ;DD~SS....~:.9.:..~.'?X...L~.~.9..}..B.~.D~.).tVr o~ss4 PROPERTY LOCATION..... .5s.~... ~~:-h:?n..:> .h~...,... .: J-f;;< if :J. - ~ ASSESSORS MAPfP ARCEL....,.......,.,:"...:............,....,.............,....".,. APPLICANT..,., B0-.~.. YAh ,\,. .Q.-,D~, .~~.~.. ~~ ~J ~:.c;..~U.~. SEE ATIACHED PAGES I certify that the foregoing is a list of persons who are owners of abutting property, owners of land directl~ opposite on any public or private street or way; and abutters of the abutters and all other land owners within 300 feet of the property lirie of owner's property, all as they appear?n the most recent applicable tax list (M,G.L. c. 40A, Section 11 Zoning Code Chapter 139, Section 139-29D (2) , ,[)~,:. / R? f.. .-2rl?t:!.:3 ~a~ DATE' ASSESSOR'S OFFICE Town of Nantucket Sa)(~~ ~. ~er. P. ~ . S-O~-~~~'-l\'\.~ . .. - -------------- ~ N "- >-' N "- N o ~~~~~~~~~~~~~~~~~~~~~~ ! . w ~ ~ N N N N N N N N N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~~g:~O\.WNN e;e;:~~~~~~ b o ~ 1>1- '" '" ll' o "" 3: ....... ..t\ ~ ~ lBi<< ~ '" 0 >,1 '" ~ :I: ilHl ~ '" '" ~ .. " ~ ~ 0 li! ~ ~ ~ .. : '" B ~ ~ l:J ~ ~ '" .. gj " .. .. hJ ~ ~ ~ ~ ~ ~ ~ ~ H ~ : '" ~ :I: f;; ~'" )J <:: ~ \ ~ ~ ~ ~ ~ '" '" 0 G: ~ ~ ~ S ~ .. 0 () 2: II" '" B ~ ~ II" .. .. ~ g " " H ;J .. d .. :I: '" .. '" '" w .... 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