HomeMy WebLinkAbout017-05
TOWN OF NANTUCKET
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Date:
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, 20(J..5
To: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Owner/Applicant:
ar7-os-
Lu.q- e-' l). l< (,)~P0i-ctG
Application No.:
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 necision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
-ht)ftQfYV)--
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.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
Assessors Map 42.4.3
Parcels 20 and 21
ROH
2 Chester Street
No plan of record
Deed. Ref. 743/161
At a Public Hearing of the Nantucket Zoning Board of Appeals, opened at 1 :00
P.M., Friday, February 11,2005, continued to April 8, 2005 and continued without
further discussion to May 13, 2005 and continued after further discussion to June 10,
2005, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket,
Massachusetts, on the Application ofTUGE U. KOSEATAC, c/o Reade, Gullicksen,
Hanley & Gifford, LLP, PO Box 2669, Nantucket, MA 02584, Board of Appeals File No.
017-05, the Board made the following Decision:
1. Applicant is seeking reiief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A (alteration/expansion of the pre-existing nonconforming
structure/use), and to the extent necessary, MODIFICA nON of previous Special Permit
relief in the Decision in BOA File No. 035-00. The Applicant proposes to convert an
existing studio for use as a secondary dwelling. The studio building (formerly a garage,
expanded as a studio in 2002) is situated as close as about 2.13 feet from the
southwesterly side yard lot line, with minimum side yard setback in the Residential-Old
Historic zoning district being five feet. The Lot also contains an eight-unit lodging house
and a separate single-family dwelling. Formerly, the lodging house also contained a
dwelling unit, but the elimination of this dwelling unit and the proposed conversion of the
studio to use as a dwelling unit would result in there still being only two dwelling units
on the Lot. The total number of parking spaces required by the uses would thus remain
unchanged. The Applicant also requests that the condition in Paragraph 5( e) of the
previous Decision, that the structure not be used for human habitation, be removed. See
also File No. 026-96.
The Premises is located at 2 CHESTER STREET, Assessor's Map 42.4.3,
Parcels 20 and 21, no plan of record, Deed Ref. 743/161. The property is zoned
Residential-Old-Historic.
2. The Decision is based upon the Application and the materials submitted with it
and the testimony and evidence presented at the Hearing. There was no Planning Board
recommendationas-tfte-matter was not of-planning-concem:-Therewasone letter on file
in opposition from a direct abutter. Abutter Dr. George Butterworth was also present to
speak in opposition to the Application. He stated that it would be a continuation of the
intensification of the use on the property as there would then be three dwelling units on
the lot, which was prohibited in the Zoning By-law in this district.
3. Applicant, through personal testimony and through her legal representative, stated
that the property was benefited by previous grants of relief. The most recent Decision in
BOA File No. 035-00 granted relief to alter and renovate an existing dilapidated garage
structure that was sited within the required easterly side yard setback area and to then
convert its use into office/studio use. It also allowed expansion to two stories. The
property also contained a separate single-family dwelling and an eight-room guesthouse.
Applicant now proposed to convert the office/studio structure into a secondary dwelling.
Board Members asked for the Applicant to submit floor plans for the guesthouse to
ensure that a dwelling unit was not contained within the guesthouse which request
Applicant complied with. Applicant also stated that she would agree not to rent the new
secondary dwelling separately from the main house as she was seeking the ability to have
her son live in the cottage. Given that her husband had recent health issues, he has had to
close his office and cannot work in the office space in the ancillary structure in question;
there were few other allowed uses that the structure could accommodate. Applicant also
wished to have her son domiciled on the premises to help with the care of her husband
and the running of the Ivy Lodge and there would be no ancillary guestrooms for rent in
either structure. Board Members asked if they could come view the property and the
inside of the Ivy Lodge. Applicant stated that her existing single-family dwelling, the
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comfortably house her adult son. Applicant stated that conversion to a residential unit
would have little impact on the neighborhood which was comprised of closely spaced
guesthouses and dwellings immediately proximate the locus.
4. All ofthe ZBA members had been to see the property and do a walk-through of
the structures on the property. One member stated that in his opinion the inn was the
primary dwelling unit on the property and the house was the secondary unit for purposes
of the 1996 decision. Applicant's counsel disagreed and stated that the Ivy Lodge was not
a dwelling unit, that it had a separate definition as a licensed lodging establishment, and
could not be considered a dwelling unit. The owner's quarters were to be removed from
the inn and the dwelling unit moved to the studi%ffice structure, still maintaining only
two legal dwelling units on the property. Board members felt that the Lot was already
"maxed out" as to use with a dwelling, an inn and a studi%ffice and that there was no
compelling reason to allow conversion of the studio into a secondary dwelling. Applicant
pointed out that if the Ivy Lodge was considered a dwelling unit she would not have
restriction on the use of the kitchen as she did. As it was a licensed guesthouse it had
restrictions on the use of the kitchen imposed by the health department and was not a
dwelling unto itself. Applicant stated that the structure had no insulation and could not be
used year-round making it unsuitable as a dwelling unit without substantial expense. She
added that when she asked permission to construct the dwelling she was forced to build it
20% smaller and not larger and that made it too small for her son to live with them. She
offered torestric11heuseQfthe smdiotQoccupancy by her son as she was seeking to
provide him with a year-round place to live.
4. Based upon the foregoing, the Board finds that there is no support for a grant of a
modification of the original special permit relief and that there is no evidence to support
Applicant's claim of hardship or any mitigating circumstances to offset increasing the
substantial detriment to the neighborhood by allowing a conversion of the studi%ffice
structure to single-family use. The Board specifically finds that the intensification of use
would be substantially detrimental to the neighborhood and that the property was already
being used to its maximum potential with one guesthouse use, one dwelling unit and one
studi%ffice structure.
5. Accordingly, upon a motion duly made and seconded to grant the requested relief
by MODIFICA nON of the SPECIAL PERMIT relief granted in the Decision in BOA
File No. 035-00, there were no votes in favor and five votes in opposition (O'Mara,
Loftin, Toole, Sanford, Murphy). Therefore, relief is hereby DENIED.
Dated: J~e.z: ~V
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Edward Murphy
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Form
6-89
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET,MA 02554.
File No. 0(7- ~
Assessor's Parcel
THIS AGREEMENT TO EXTEND THE TIME LIMIT FOR THE BOARD OF
APPEALS TO 'MAKE A DECISION (or to hold a public hearing or
take other action) c~erns. the...... Application of:
T ~. tsP.0.>o. toe
Pursuant to the provisions of the Acts of 1987, Chapter
498, amending the state zoning Act, Chapter 40A of the
Massachusetts General Laws, Applicant(s) /petitione'r(s) and
the Board of Appeals' 'hereby agree to extend the time linlit
_ for a public hearing ~ on the Application, or '
- for a decision -1; of the ~oard, or-
.....,
::--:" .
by the Board,
(whether such Application,is an appeal from th~~
decision of an~ 'ad~istrative official-;-a petitioncfor
'a special Pernu.t ' 'or .for a Variance , at' for-Jany
ext~nsion ___, mod1fication ~, or:renewal ___ th~of)
for any other action
.~
to the NEW TIME LIMIT of midnight on ~ 1m ~\ #if )~
but not earlier than a time limit set b s a u e ~6r. y aw.
The Applicant(s), or the attorney or a~ent for.
Applicant(s) represented to be duly author1zed to act ip
th~s,matter ~or Applicant(s), in executin~ this Agreement
wa1ves any r1ghts under the Nantucket zqn1ng Bylaw and the
state zoning Act, as amended, to the extent, but only to
the extent, inco istent with t' Agreement.
FOR A
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Effectivetat~e ~f Agreement
cc: Town Clerk
Planning Board
Building Commissioner
Agreement filed
~W-J . r
Date 0
in the office of the Town Clerk:
Town Clerk
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 11, 2005, IN THE CONFERENCE
ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application ofthe following:
TUGE U. KOSEATAC
BOARD OF APPEALS FILE NO. 017-05
Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A (alteration/expansion of the pre-existing nonconforming
structure/use), and to the extent necessary, MODIFICATION of previous Special Permit
relief in the Decision in BOA File No. 035-00. The Applicant proposes to convert an
existing studio for use as a secondary dwelling. The studio building (formerly a garage,
expanded as a studio in 2002) is situated as close as about 2.13 feet from the
southwesterly side yard lot line, with minimum side yard setback in the Residential-Old
Historic zoning district being five feet. The Lot also contains an eight-unit lodging house
and a separate single-family dwelling. Formerly, the lodging house also contained a
dwelling unit, but the elimination of this dwelling unit and the proposed conversion of the
studio to use as a dwelling unit would result in there still being only two dwelling units
on the Lot. The total number of parking spaces required by the uses would thus remain
unchanged. The Applicant also requests that the condition in Paragraph 5( e) of the
previous Decision, that the structure not be used for human habitation, be removed. See
also File No. 026-96.
The Premises is located at 2 CHESTER STREET, Assessor's Map 42.4.3,
Parcels 20 and 21, no plan of record, Deed Ref. 743/161. The property is zoned
Residential-O ld- Historic.
(2i GJ-- ~ lrr ~ H/\ ----
Nancy J. Sevre, irman -
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
FEE: $300.00
T ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
roCKET, MASSACHUSETTS 02554
APPLICATION FOR RELIEF
CASE NO..QJ'05
Owner's name(s): TUlle U. Koseatac
Mailing address: clo Reade. Gullicksen. Banlev & Gifford. LLP
Applicant's name(s): Same
Mailing address: 6 Younll's Wav. Post Office Box 2669. Nantucket. Massachusetts 02584
Locus address: 2 Chester Street Assessor's Map/Parcel:_ 42.4.3-20 and 21 [No ulan of record]
Date lot acquired: 5/12/94 Deed Ref.!CeFt. afTitle: 743-161 Zoning District: ROB
Uses on Lot - Commercial: None_ Yes (describe) Lod~inll house (eight units)
Residential: Number of dwellings 1 Duplex Apartments _Rental Rooms
Building Date(s): All pre-date 7n2? or C ofO(s)? x
Building Permit Nos: 8106-91: 168-99: 1067-00: 114-02: 2~2-03
Previous Zoning Board Application Nos.: 026-96: 035-00
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 nonconformities:
The applicant proposes to convert an existing studio upon the locus for use as a secondary dwelling. The studio
building (formerly a garage, expanded as a studio in 2002) is situated about 2.13 feet from the southwesterly side lot
line, with minimum side yard setback in the Residential-Old Historic zoning district being five feet. The locus also
contains an eight-unit lodging house and a single-family dwelling. Formerly, the lodging house also contained a
dwelling unit, but the elimination of this dwelling unit and the proposed conversion of the studio to use as a dwelling
unit will result in there still being only two dwelling units on the locus. The total number of parking spaces required
by the uses upon the locus will thus remain unchanged. Accordingly, the applicant requests relief by Special Permit
under Nantucket Zoning By-law ~139-33.A, for the change in use of the existing studio structure, with its pre-existing
nonconforming side yard setback, from a studio to a secondary dwelling. The applicant also requests that the
condition in Board of Appeals decision 035-00, Paragraph 5(e), that the structure not be used for human habitation,
be removed.
I certify that the information contained herein is substantiaUy complete and true to the best of my
knowledge, under the ~~ penalties of perjury.
SIGNATURE: ~;. ~.tf,L Applicant Attorney/Agent.
(If not owner or owner's attorney, please enclose pro f of agency to bring this ma r before the Board)
FO ZBA FFICE USE
Application received on:-1I( ,!QfBy: Complete: Need copies?: ~ I
Filed with Town Clerk: 4 12flt'.rPlaBBiAg -o8a:.2.-' -"_Building Dept.:_/-" ~~
Fee deposited with Town Treasurer:L~ O~Y:~iver requested?: Granted:_/_/_
Hearing notice posted with Town Clerk:1/&7/0J-Mailed:_!J 2r~&M:--L;22I6~ :2t-30.r--
Hearing(s) held on:_/_/_ Opened on:_/-"_ Continued to:_/_/_ Withdrawn?:_/_/_
DECISION DUE BY:_/-"_ Made:_/-"_ Filed wffown Clerk:_/_/_ Mailed:_/_/_
DECISION APPEALED?: / / SUPERIOR COURT: LAND COURT Form 4/03/03
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'~~K OH73rAC.t 139
TOWN OF' NANTUCKET
BOARD OF APPEALS
...
NANTUCKET. MASSACHUSB'ITS 02554
Date:
Septellber ~ · 20 00
To: Parties in Interest andOtbcrs concerned with the
Decision of the BOARD OF APPEALS in the Applicat~on of the
following I
Application No.1
Chmer/Appl1c:antl
035-00
TOGE U. KOSBATAC
Enclosed is the Decision of the BOARD OF APPEALS which haa
this day been filed in the office of the Nantucket Town
Clerk.
An Appeal fr~ this Decision ..y be taken pursuant tb
Section 17 of Chapter 40A. Massachusetts General Laws.
Any action appealing the Decision must be brought by
filing an cO~laint in court within TWENTY (20) days after
this day'. date. Notice of the action with a copy. of the
complaint and certified copy of the Decision moat be given
to the Town Clerk .0 a. to be received within such TWENTY
(20) day..
CCI Town Clerk
Planning Board
Building C~i.8ioner
PLIASI NO'l'I: MOST SPECIAL PIRMITS AND VARIANCES RAYE A TIME
LIMIT AND WILL UPlR. IP NOT AC'I'ED UPON ACCORDIIIG' 'PO NAII'l'UeKB'I'
ZONIJCG BY-LAW 1139-301 (SPBCIAL PUIIInh 1139-321 (YAltIAIfCU)
AllY QUBS'l'IOIfS, PLDS8 CALL 'I'D .AII'l'UCKft ZOIIIIIG IIOAItD or APPDLS.
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..Ob"73ratt 140
TOWN OF NANl'UCKBr
ZONING BOARD OF APPEALS
37 WASHINGTON STREEt
NANTUCKET, MASSACHUSE'ITS 02554
PHONE S08-22J.721S
FAX 508-2211-7205
Assessor's Map 42.4.3
Parcels 20 and 21
ROR
2 Chest.er St.reet.
Deed Ref. 447/123
At a Public Heariag of t.he Nant~cket. Zoning Board of Appeal.,
held at 1 :00 P.K.', 'riela,. .TlUUI g, 2000, having .been cont.inu" "it.lloat.
opening fro. Fridaf' Maf 12, 2000, in the Confe~enc. ROGa, Town Annex
Building, 37 Wa.hingt.on St.~eet., Nant.~cket., Ma..achu.et.t., on t.he
Applicat.ion of TOGa U. KOSBATAC, of 2 Cbester Street, Nantucket, KA
02554, Board of Appeal. File No. 035-00, t.he Board ..de the follo"lng
Decision:
, 1. Applicant. i. .eeking relief by SPICIAL PERMIT under Nantucket.
Zoning Bylaw 1139-33A (alt.eration/extension of a pre-existing
nonconforming struct.ure/use). Applicant proposea t.o alt.er and ext.end an
exist.ing garage .truct~re by expanding the height., within the required
five-foot aide yard setback area wit.hout co.ing any closer t.o t.hat lot
line, from about 12.33 feet to about. 22 feet; conat.ruct. an addition
towards t.be interior of t.heLot. outside of the required Bet.back area.
and change the uae'fru. a garage t.o a at.udio t.o be used for Applicant'.
home office .pace. The exiat.ing parking space would r...ln. The L. :u.
alBO contains a aingle-family dwelling and'an eight. (8) rODa guest hou..
known as the -Ivy LOdge-. The Locus is nonconfor.ing aa to uae with t.he
guest house locat.ed on the premisesl .a to parking with there being only
one (1) on-aite space provided; and a8 to aide/rear yard aetback area
with the guest house structure being aited at about 2.1 feet at its
closest point fru. the southwest.erly lot. line, and vith the garage
structure being aited at abut 2.2 feet at its closest point from the
vesterly lot line in a district tbat requires a aini.ua side and rear
yard setback of five (5) feet. See also BOA File No. 026-96. Should the
Boa~d deter.ine that Modification of the previous Special per.it is
necessary, aaid relief if hereby request.ed.
The Preaises is located at 2 CHESTER STREET, Asseasor's Map
42.4.3, Parcels 20 and 21, Deed Ref. 441/123 (with no plan on record).
The property is zoned Residential-Old-Historic.
2. The Decision 1. baaed upon the Application and ..terial.
sub.it.t.ed wit.h it. and the testi.ony and evideDce pr..ented at,the
hearing. The Planning Board aade no reco..endat.ion as the ..tter was not
of planning concern. There were five (5) lett.ers in the file in
opposition. They expressed concerns about the increase in the int.ensitf
of use on the subject property, possibility of conversion of the offioe
to guest bouse u.e, human habitation, lack of parking and 1..... of
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;;or.Ob'73~~(.t 141
aassing. five (5) abutters, three (3) of vhich were also authors of
letter on file, spoke against the project at the the hearing reiterating
the concerns expressed in the letters. They asked that if the project
vere to be granted that several conditions be i.posed.
3. 'Applicant, through counsel, stated that she and her husband vere
in tho process of s.lling their home in Connecticut and .aking the
commitmant to living on Nantuckot yoar-round. Duo to Ditin; and ground
cover conutratnts placod upon thQ Applicant in a provious nOA Docision
Fi Ie No. 0:/6-96 on thn conlltruction or ani ngll!-Cltllllly dvnll i ng, a"
wol'l 1111 rOIJt.rict.1onn placed on the (lnRign or t.hO'! ne-w homo by t.he
Nilllt.u':knt Iliflt.urlc 1J111trict CCJmmlllnlon, AppliC:Ant built a HIlltJClnstH
a.aller hOlllo than one that. would more efficiently accommodate all their
needs. Applicant's hUSband, a registered engineer, requires his ovn
office space. separate from the Applicant's, a situation vhich
precipitated this Application for relief. Applicant proposes to alter
and extend, not demolish, the existing dilapidated garage structure,
abutted on the west by a commercial bike shop, on the east by
Applicant's guest house, and on the south by another commercial guest
house, by constructing a second floor addition ahd extending the,
footprint in an easterly direction towards the guest house. The roof
ridge height would increase from about 12.33 feet to about 22 feet. The
expanded structure would not come any closer to the westerly side yard
lot line than the existing garage, vill .eet the five-foot rear yard
setback require.ent, and would not exceed the maximum allowable ground
cover ratio for the district of 5~ on the about 8.809 square-foot Lot.
Applicant represented that the garage had not been utilized for parking
. car for several years. Khen Applicant purchased the property there had
~een a bed in the garage which her son then used to sleep on but that
practise had ceased 80me time ago. No parking was traditionally provided
on site, other than in the area in front of the garage and there vould
be no further require.ent for additional apaces with the conversion of
the garage structuro as the use would be ancillary to the residence and
not the guest house. There vas no extra space in the Ivy Lodge to.
accommodate a separate office space for them.
4. Therefore. the Board finds that the conversion and expansion of
the garage structure to use as a studiO/home office space. with tvo (2)
separate offices, without human habitation. would not be substantially
more detrimental to the neighborhood than the existing nonconfor.ity.
The Locus is situated within a mixed commercial and residential
neighborhood and the studio would be in keeping vith the character of
the surrounding area.The structure would not be used in conjunction
with the Ivy Lodge and there vould be no additional guest hou.e roo.s.
The relief would be similar to relief granted to the abutting propertr
to the south, vhich allowed construction of a studio for the owner'.
peraonal u... a180 without hu.an habitation. on a lot that contained a
guest house., the structure would be rehabilitated and expanded for the
Applicant'. perBonal uee and would thus have little impact on the .
neighborhond a. there would be no additional parking requir_nts. Ko
Modification of the Decision made in BOA Pile Ko. 026-96 is neceas.rr.
5. According1r, by a vote of four (4) In faVOr (Parent, Toole.
Sanford, Mlll'pbr) and one (I) opposed (O'Man), the BoaI'd GJWIT8 the
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reqa.a~.d r.11.f ~ IPICIAL PlaK17 ander .a.~QCke~ zoalag .,la. '13t-33A
~o allow tb. al~.ra~loa aad expanalon Of tbe garage .~ruc~ur. a.
propoae4. cbaagIDg'\1ut a.. to tbat of a atucllo/hoM office apac..
cont-aiaiag two (2) aepal'a~e Office.. upon tbe fOllovl1llg condit.i~.f
a. Th. offlc. aa. .ha11 be ..cl11arl t.o the r..ldentla1 as. of
tbe aing1e-faail1 d.e111ng upon the pr..i...,
b. There shall be no signage that would direct patrona of
either the gueat boua. or .nglneering offic. to the structure,
c. There shall be no exterior construction related to thia
project fr~ Kaj 15 to October 15 of any given y.ar;
d. The atructura shall have a .axisua ridge height of about 22
f.et and be constructed in substantial eonforaity with Certificate of
Appropriatenes. No. 21.123 aa asended in No. 35,762, Issued by the
Nantucket Historic District C~is.lon. i
e. Tbe atruct.ure .hall have no huaan habitation anel be used
only for up to t.wo (2) separat. hoae office .pace., and
f. ~be st.ruct.ure .ball cont.ain one (1) half-bat.h a. defined In
248 CKR 2.031 (2), page 9 of the Unlfora State Pluabing Code.
Dat.eeS, Septeaber:;10, 2000
1
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. Edwar ur ./
J. O'Kara
RECEIVED
TOWN ClERI<'S OFFICe
NANTuCKET, MA 02554
nM SEP 2 0 2000
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End eI
Inltrument
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COMMONWEALtH OF MASSACHUSETTS
Nantucket. ss
Superior Court
Civil Action
No. 96-35
tUGE KOSEATAC
VS.
BOARD OF APPEALS OF NANTUCKET
JUDGMENT
This action came on for trial before the Court. Travers. J..
pre.iding and pursuant to the agreement of the partie.. it i.
hereby ORDERED AND ADJUDGED:
1. That the conditions listed in the Zoning Board of Appeals
in its decision of July 12, 1996, on Application No. 026-96. a
copy of which is attached hereto, and delineated as condition "a".
condition "b", and condition "d" will stand and remain in full
force and effect.
2. Specifically, as set forth in condition "a'(. the parties
do hereby agree that "there shall be no exterior construction (on
the premises) from May 15 - October 15 at any given year.
3. Specifically, as set forth in condition "b", the parties
do hereby agree that "the secondary dwelling (the separate owners
residence) shall have a maximum ground cover of 20 percent smaller
than the primary dwelling unit (the guest house).
4. Specifically, as set forth in condition "d", the parties
do hereby agree that "there shall be no increase in the commercial
activity on the locus and all rental rooms shall be restricted to
the guest house structure, with the single-family dwelling to be
utilized by one entity with no tooms being rented separately".
5. the parties do hereby agree further that condition "c"
is annulled because that condition exceeded the authority of the
\ Board.
II
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,
:;
,
Except as noted in paragraph 5 above, the decision of the
Board did not exceed its authority and no other modification of
the decision of the Board is required.
Dated:
"
BOOK 0550pAC[ 259
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Assessor's Map 42.4.3
pa reel 20 .
ROH
Two Chester Street
Land Court Plan 10562-C
At a Public Hearing of the Nantucket Zoning Board of Appeals,
originally noticed and opened for testimony on Friday, May 3, 1996 and
continued to Friday, June 7, 1996, at 1:00 P.M., in the Selectmen's
Meeting Room, Town and County Building, Broad Street, Nantucket, MA,
the Board made the following Decision on the Application of TUGE
KOSEATAC, of 25 Brookside Road, Ridgefield, CT 06877, Board of Appeals
File No. 026-96:
1. Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning
By-Law ~139-33A (alteration/expansion of a pre-existing non-conforming
structure/use). Applicant proposes to expand a said to be pre-existing
guest house use (known as the "Ivy Lodge") by increasing the number of
rental guest rooms from eight (8) to ten (10). Tne increase would
entail conversion of a said to be pre-existing garage structure to use
as two (2) guest rooms with the eight (8) existing rooms being
maintained in the principal structure. Applicant also proposes to
construct a separate dwelling unit upon the premises for her own use.
The Locus is non-conforming as to use; and as to side yard setbacks,
with the principal guest house structure being sited 2.09~ feet from
the southwesterly side yard lot line at its closest point, and with the
garage structure being sited 2.13~ feet from the Westerly side yard lot
line at its closest point, in a district that requires a minimum side
yard setback of f~ve (5) feet.
"
Applicant further seeks a SPECIAL PERMIT under Nantucket Zoning
By-Law ~139-18B(3) (Parking Requirements - Core District) and a SPECIAL
PERMIT under Nantucket Zoning By-Law 0139-20 (Loading Zone
Requirements).
The premises is located at TWO CHESTER STREET, Assessor's Map
42.4.3, Parcel 20, Land Court Plan 10562-C. The property is zoned
Residential-OLd-Historic.
2. The Decision is based upon the Application and materials
submitted with it, and testimony and evidence presented at the Public
Hearings. The Planning Board made no recommendation. At both hearings,
there were several abutters present to speak in opposition to the
proposed project. There ....ere alsoeVc~Tt" ('a) letters in opposition and one
(1) letter is support on file. A letter from the NantUCket Tree
Advisory Committee was on file and the Tree Warden ....as present to speak
on the matter at the second hearing. The Committee expressed concern
about the proposed removal of possibly t....o (2) large linden trees that
8~OK()~~()PACE~t)()
vero located on the northerly side of the property along North Water
Street in order to construct the single family dvelling. Documentation
vas submitted indicating that the trees vere planted in 1951 and vere
protected 'rom removal as public shade trees under Mass. General Laws
Chapter 87. The Town has sporadically maintained the trees since their
care vas ceded to the Tovn and are identified by their NTC num~~r
medallions. The Committee met on M~y 7, 1996 and voted unanimously
to deny removal of thn two (2) trees in question. Neighhorhood concerns
expressed rel~ted to Issues of intensification of commerci~l use with
the addition of two (2) more guest rooms in a non-conforming garage
structure; increase in the density of structures vith a third structure
being con~tructed with all structures then being utilized (or living
space in an already congested area of the Tovn; increase of traffic to
the site; exacerbation of. the existing difficult parking situation;
compromise of the historic integrity of the area; possible destruction.
of the tvo (2) linden trees; loss of visible open green space; loss of
privacy by the easterly abutter due to the placement of the proposed
parking area along the common lot line; and the possible negative
precedent of allowing non-conforming commercial uses to expand further
within a residential district.
2. Applicant, through counsel, represented that the Locus currently
contains a pre-existing non-conforming guest house that includes seven
(7) guest rooms and a suite on the top floor that is presently being
used as owner's quarters. A garage is also located on the premises.
Applicant proposes to convert the single-story garage structure into a
two-story structure containing two (2) additional guest rooms and no
kitchr.!n facilities thus increasing the potcntia.l rental guest rooms to
a total of ten (10). The Applicant further proposes to construct a third
structure that would be used for the owner's residence increasing the
ground cover from 1,758~ square feet (20%) to 3,597~ square feet
(40.8%) with a maximum of 50% being allowed in this district for the
8,809~ square foot lot. The proposed exp~nsion of the garage structure
would be done outside of the 5-foot setback area and the new
residential structure would conform to all setback requirements.
Applicant represented that it would be more cost efficient to be able
to rent ten (10) guest rooms rather than eight (8) and would prefer to
move out of the cramped guest quarters in the top floor of the guest
house in order to gain space and privacy in a separate dwelling unit.
It was further represented that a waiver ,of off-street parking
requirements would not appreciably impact the traffic and parking
situation as most of the guest house occupants rarely brought cars and
in fact were discouraged from bringing their vehicles due to the close
proximity to the downtown area and with limited parking space available.
4. The Hearing was continued from May 3, 1996 to June 7, 1996 in
order to allow the Applicant to develop other proposals that would not
increase the intensity of commercial use on the property; that would
decrease the size of the residential structure; and that would relocate
any proposed parking area. At the first meeting Board members expressed
concern about the density of the structures as well as the increase in
commercial use with the addition of two (2) guest rooms in the garage,
a currently passive use, that is sited 2.13~ feet from the westerly side
lot line. The Doard suggested that the Applicant consider constructing
an addition to thp. existing guest hOuse structure to minimize the impact
on the neighborhood. Concern was also expressed about the number of cars
"f:~';"
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BOOK 0550pAf,[ 261
that would be accessing the proposed parking area to the rear of the
Locus at an intersection along a heavily traveled main public roadway
leading out of the downtown area. Several plans were submitted to the
Board at the June hearing that included reducing the si7.e of the
r~sidential structure to 1700.:.' squilre feet, with the tl/O (2) guest rooms
added to the garage as originally proposed and different parkir,g plans.
One (1) plan proposed leaving the garage as is while increasing the size
of the residential structure from 1593~ square feet to 1860~ square feet
to accommodate the owner's quarters as well as the two (2) aoditional
guest rooms. Applicant represented that constructing an addition onto
the exist~ng guest house, that would include the dwelling unit and two
(2) guest rooms, WOuld not be practical as the structure was very old
and alteration to the extent necessary Would possibly undermine the
structure's integrity.
5. The Board finds that the increase of the commercial use of the
property in the ROH district by increasing the number of guest rooms
from eight (8) to ten (10) ~y altering the non-conforming garage
structure Would be substantially more detrime~tal to thp. neighborhOOd.
The Board also finds that the two (2) linden trees that were
identified by their NTC number medallions were under the jurisdiction
of the Town of Nantucket and could not be destroyed or moved without
the express concent of the Town of Nantucket, thus reducing the
building envelope of the residential structure in order to maintain the
5-foot rear and side yard setbacks and 12-foot scalar separation
between primary (the guest house) and secondary (thn residential
structure) dwellings. The Doard Curther finds that n waiver of One (1)
oCC-street parking space and loading requirements would not be contrary
to sound traffic pOlicy and Would preserve the scenic and historic
integrity of the neighborhood by not requiring vehicles to access the
Locus at an unsafe point in the public roadway. The Board notes, as it
has in previous Decisions, that guest houses have consistently and
diligently discouraged guests from bringing vehicles to the Island. One
(1) subminimum parking space is provided on-site and Applicant
represented that the space would he maintained. The secondary dwelling
unit must meet the 20% differential in size from the primary dwelling
unit and the Board finds that a structure that would be 20% larger than
the existing guest house would increase the density on the Locus and be
substantially more detrimental to the neighborhood than ~ structure
that Would be 20% smaller. The Board also finds that the
alteration/expansion of the use of the property by the construction of
I separate residential single-family dwelling WOuld not be
substantially more detrimental to ~he neighborhood than the existing
lon-conforming guest house use.
.: ~\~
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). Accordingly, by a unanimous vote, the Board GRANTS the requested
;PECIAL PERMIT relief under Nantucket Zoning By-Law 0139-33A to allow
~hc alteration of the pre-existing non-conrorming use or the property by
~he construction of a separate single-family dwelling unit that would
'eet all setback requirements and maintain the 12-foot scalar separation
letween primary and secondary dwellingsl under ~139-18B(3) waiVing the
Ino (1) additional space requirod for the secondary dwelling unitl and
,0 the extent necossary, under G139-20 waiVing any loading zone
equirements, subject to the fOllowing conditions:
.
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a. There shall be no exterior construction from May 15 -
October 15 of any given year:
The secondary dwelling (the separate owner's residence)
a maximum ground cover of 20% smaller than the prim:ry
t (the guest house);
shall
dwell
he two (2) linden trees, identified by their NTC number
311 and #312, located along the northerly side of the
Locus 9 North Water Street, and protected by MGL c. 87, shall
remain undisturbed, and any proposed site plan for the secondary
dwelling shall be approved by the Nantucket Tree Advisory Committee
prior to any construction taking place for said dwelling unit.
d. There shall be no lncrease in the commercial activity on
the Locus and all rental rooms shall be restricted to the guest house
structure, with the single-family dwelling to be utilized by one entity
with no rooms being rented separately.
TIME:
/L1--C--
Dated: JJn~ 1),1996
lOW RECEIVED
NAN~ CLERK'S OFFICE
UCKET, MA 02554
JUL 12 1996
CLERK:
--
ATTEsr. A TRUE COPY
~ Iti~
NANTUCKliT TOWN CLERK
Ot1 2 11<391
NANTUCKET COUNTY
REC'o ENTERED
q.''I~IJ/?1
SANOHA M CHADWICK
ATTEST R(;GISTER
JUl 31 1996
End of
T nlltrllmf'nt
RECEIVED
BOARD OF ASSESSORS
DEe 1 6 2004
TOWN OF
NANTUCKET, MA
Town of Nantucket
:iJ. ' , .
rg/OO
ZONING BOARD OF APPEALS
LIST OF PM TLES !N rNTER.EST IN THE M^TTER. Or THE PETTTION OF '
---..- '
PROPERTY. OWNER. '.... ..:.... f. .t/.3~"'" ,f).... .k9.';?~~.,..
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A,SSESSORS MAPIP AR.CEL............. ...... .......... .......... ,.......................
APPLICANT" ,~~a~~ I. ~u,H~S~~.~~l..~~z:'.~~r .~. ~~.~.~~~.~.I, .~.. ...........,.
SEE AITACHED PAGES
Il;~rtify thaI the foregoing is II list of penons who arc owners ofabunin8 prop~.,y, owne" or '
l'-11d direclly OPpO~ilC: on illY public Or privlh: str~et or WI)'; and Ibutte" of \h~ Ibulters 'nd III
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the mOst recent applicable tax list (M,Q,L. c. 40A, Section 11 Zoning Codl; Chapler 139.
Seclion 139.290 (2) .
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