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HomeMy WebLinkAbout118-07 g ;0 :::::. U ;:0 ~ i'-::-, . i TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 ;~~ o \:.,.j \.Q Date: March 27 ,2008 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 118-07 Owner/Applicant: Veranda House Inn, LLC Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with 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 a complaint in Land 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) ays. Chairman cc: Town Clerk Planning Board Building Commissioner/Zoning Enforcement Officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32 (VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508-228-7215. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 42.42, Parcel 44 3 Step Lane District: Residential Old Historic Plan 03-07, Parcel 2 Deed: Book 1017, Page 168 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Tuesday, March 25, 2008, at 1:00 P.M., in the Conference Room at 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of the Veranda House Inn, LLC, Dale Hamilton as Manager, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 118-07: 2. The locus is situated at 3 Step Lane, Assessor's Parcel 42.42 - 44, is shown as Parcel 2 upon a plan recorded with Nantucket Deeds in Plan 03-07, and is within a Residential Old Historic (ROH) zoning district. The applicant requests a Special Permit pursuant to Nantucket Zoning By-law 9139-33,to the extent necessary: 1) to expand the use of the Guest House from 16 guest rooms and 3 employee rooms by adding 2 guest rooms, resulting in 18 guest rooms and 21 bedrooms total, 2) by altering the exterior of the structure to expand the decking, add stairs, and otherwise without increasing the ground cover of the structure or increasing any encroachments into the setbacks, as shown upon a sketch plan by Nantucket Surveyors LLC dated December 13, 2007, a reduced copy of which is attached hereto as Exhibit A, and 3) by altering the eastern patio and garden area used by guests and the Guest House. The Applicant also requests Special Permit relief pursuant to Nantucket Zoning By-law 9139-18, to the extent necessary, for relief from the off-street parking requirement. The proposed expansion would increase the parking requirement by 1, from 10 to 11 off-street parking spaces 1. As no off-street parking is provided or proposed to be provided, the applicant is seeking a waiver of all IUnders139-18, a Guest House in the Core Parking District is required to have 3 spaces, plus 1 space for each 3 rental units over 2 units (or 4 spaces at 16 rooms and 5 spaces at 18 rooms), plus 1 space for each 3 employees on a peak shift (6 house keepers, 1 manager, and 1 reservationist is 8 peak shift employees requiring 3 spaces). Thus, Applicant would be required to have 11 spaces under the proposal for which relief is sought, a net gain of 1 space more than the 10 spaces required under the grandfathered use with 16 guest rooms. 1 required parking spaces. Nantucket Zoning By-law 9139-18A(1) states that an enlargement of any building or a change in use of any building, which increases the parking requirements beyond what currently exists, shall require the provision of off-street parking for the existing building as if it were newly constructed. Therefore, although the site is grandfathered for 10 parking spaces, special permit relief for those spaces as well as any newly required spaces must be requested. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearings held on January 11, 2008, February 8,2008, March 13,2008, and March 25,2008. There was no Planning Board recommendation, on the basis that no matter of planning concern was presented. There was testimony in opposition from abutters presented at the public hearing. Applicants filed responsive documents and revised plans at multiple hearings. 4. The Board of Appeals members hearing the application requested that Applicant provide a vehicle pull-off for taxis and delivery vehicles in a location off Step Lane where no public parking is located. The Board was not in favor of a location off of North Water Street due to existing public on-street parking and the distance between a potential pull-off and the structure. The Applicant agreed to the location, noting that the final design would require approval by the Historic District Commission and possibly other regulatory bodies. 5. Based upon the facts that a) the actions proposed are extensions of a grandfathered use in an area where Transient Residential Facilities are common, b) the proposed use will not cause a substantial increase in the commercial use or nuisance of the property, c) the changes to the exterior are nominal and do not increase the use or nonconformity of the structure, and d) the landscaping and seating changes to the garden and patio area do not require relief, e) the existing use of the property is grandfathered for 10 parking spaces and a short-term pull-off would be more beneficial than a single parking space without limitations and f) the Board of Appeals, by UNANIMOUS vote, made the finding that the proposed expansion of the pre-existing use and the alterations to the exterior of the structure would not be substantially more detrimental to the neighborhood than the existing nonconforming use and that providing off-street parking would have a negative impact on the scenic and historic integrity of neighborhood and would be contrary to sound traffic and safety concerns, and GRANTED relief requested by Special Permit, as above. 6. The Special Permit granted herein is subject to the following conditions: (a) No exterior construction for the relief granted herein to alter the structure shall take place between June 1 and September 30; (b) Use of the Guest House's Residential Kitchen services and common space is limited to guests staying on the locus and up to 3 rooms worth of guests staying off site at an affiliated property; (c) All business transactions shall be conducted in the interior of the structure (however, nothing herein shall be deemed to interfere with use of the exterior for traditional guest purposes, or for the provision of other non 2 transactional guest services, such as the stationing of a Guest Greeter or Bell Hop and related materials near an entrance); (d) Applicant must provide on-site storage for a combination of at least 25 bicycles and mopeds, but not on the western side of the existing structure; and (e) The Guest House shall have no more than 21 rooms, with no more than 18 for use by guests, providing that the use of the additional two rooms for guest lodging is subject to the following additional conditions: 1. The locus shall not be used for wedding receptions, fund- raising events, or similar events; 2. The locus shall not have amplified music or voice; 3. Applicant must install a designated passenger drop-off/pick-up and service vehicle area, not to be used for long term parking, as shown on the attached plan labeled as Exhibit B, said area to be no smaller than 9 feet by 20 feet. Signs must be installed and maintained to indicate that the pull-off is limited to temporary use related to the Guest House only. No Certificates of Occupancy shall be issued for a structure with more than 19 bedrooms until the pull-off has been constructed in substantial accordance with the approved plan. Minor modifications to the location and design of the pull-off may be permitted by the Board of Appeals without holding a public hearing; 4. The locus shall not have ground level air compression units without further relief from this board for the location of such (window or wall based air conditioning units are not limited); and 5. No commercial kitchen shall be permitted. SIGNATURE PAGE TO FOLLOW 3 Dated: IJ j?"'-i L 9 , 2008 \ David R. Wiley Edward S. Toole Nantucket, SS f}!rti L 9 ,2008 On the q --rt. day of /I?U' L , 2008, before me, the undersigned notary public, personally appeared m I ClllJ-eL 6 IIn fJ~1} , one of the above-named members of the Zoning Board of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he/she signed the foregoing instrument voluntarily for the purposes therein expressed. /JJt, \JE1loJ11 E7k ft/, /II d!s --- 0/hf. 1/. ~O/3 My Commission Expires 4 --~- ~ r~' "'--, --../-"--- I 0 NOT TO SCALE \ / .,. \ ' ( ,I;;; 42,4.3: ) I ~OT TO SCALE ~ \ 126.55 . 68' 41.75 I I 53.84 O. I:l / " ~ r--"" \ \ FIRE / -- " &j / I'......~: ESCAPE r --- r...... /"'- -- N~ / "..... /'-- / I - --- 42.4.3~~fTH f. R07 '- /- -- I K. KfJ~:B%.~75.P~~ 126 / \-I LOT 2/pL.BK.16. . 01. 2 43'-1 4. 1 5' \ \N9521 \ZBA.D~ NOTE: ARE ESCAPE SHOWN HEREON INTRUDING ON ABUTTER HAS BEEN IN EXISTENCE SINCE 1973 PER OWNER AND OTHER AFADA 1017s. :r ~ ~ c: z < -' l1. BRICK RET. WALLS 1ST AND 2ND FLOOR EXTENDED BALCONIES z o "Al ,....-\ -.:II c:. o:l C. n \~ ")> ~-\ Al~ 'i-"Al o:l ~ ~\.J) 0-1, ~Al Ill~~ 'a ~ ~ -\ ~ ~ '0 ~ O. TOTAL AREA=8, 189z5.F. NEW STAIRCASE STEP LANE (PRIVA TE - VARIABLE WIDTH) NOTE: BUILDING PREDA TES CURRENT NANTUCKET ZONING BY LA w.s. SEE AGREEMENT FOR EASEMENTS BY AND BETWEEN ETHAN S. DEVINE AND VERANDA HOUSE INN, LLC DD.BK. 1017, PG. 171 CURRENT ZONING: R.O.H. MINIMUM LOT SIZE: 5,000 S.F. MINIMUM FRONTAGE: 50 FT. FRONTYARD SETBACK: NONE SIDE AND REAR SETBACK: 5 FT. ',,' " , ALLOWABLE G.C.R.: 50% '2 '! II) ~:-- EXISTING G.C.R.: 26.7%:r rvC1<.{(/, ~ /.2//$107 FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINA TION OR A RECORDABLE SURVEY. ZBA EXHIBIT PLOT PLAN 3 STEP LANE IN NANTUCKET, MASSACHUSETTS , SCALE: 1"=20' DATE: DEC. 13, 2007 DEED REFERENCE: DD.BK.1017,PG.168 PLAN REFERENCE: PLAN No. 03-07 ASSESSOR'S REFERENCE: MAP: 42.4.2 PARCEL: 44 PREP ARED FOR: VERANDA HOUSE INN, LLC. NANTUCKET SURVEYORS LLC. 5 WINDY WAY NANTUCKET, MA. 02554 LLC N-9521 N.B. 273-15 COPYRIGHT BY NANTUCKET SURVEYORS "''''' -l,.", 0"'0 ~~g mPm ..0 r:l!il '0 00" "0 o~ ;;:~ o en IV ~ "".! m I- .. , ~ '" it ~ F 3ill/ZOOS 6.09.51 ~ --.- -82.'007 -'-'---': I --~ - - \ -- \ I " \ , \ \ \ \,,- '1 ~~ ==~ \ / . J . / / ~ '1 OJ ~ m .. ~ ~. ~ . ~ /; ~ ~ ~ g -r- -L ,/ r -L -, / / / / /.s"- '/'!)" .~~~~ m~~~g '--~ij";lO> ~i~~~ ~~~~~ ~;~'::; ~S~~~ ;~~~~ g~~~ W \ , \\~~// ~ \ ~ \ \ ...~ ~~- \\;;::::~ - .... \.-. \:/I! ~~ d ::0" -o-tlrl1l!~~~o~~~ m::tl:;O:;O~r2_:Z:1"""'~ ~~~~~~~~~ ~~6 ~-<f{1flj~~~~;., i'{<;; i5~oo~m>:;tI~ ~:Z(.l) ~~~8~g~~~ ~m~ ~~~~~:. ~~~ ~ ~ ~z~~:-,g~T(J) ~ :::! ~~~2;$ ;;;.,., ~ ~ G) -n"TI ?J h 0 . ~ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA02554 ~ :u '11 -:., C":< ::;.-:: ~,:.. PUBLIC NOTICE ....f~ c::l C"J N .t:=. j .-, B I A PUBLIC HEARING of the NAN1UCKET ZONING BOARD OF APPEALS is schedii1ed for'j 1:00 PM January 11, 2008 in the Conference Room at 2 Fairgrounds Road, Nantucket,~ 02554. The application materials may be reviewed at the Zoning Board of Appeals office at 2 Fairgrounds Road, Nantucket, MA 02554 between the hours of 8:30 AM. and 4:30 P.M., Monday through Friday. Written conunents for the January 11, 2008 meeting must be received by 4:30 PM on Wednesday, January 2, 2008 and may be addressed to the Nantucket Zoning Board of Appeals at the above address, faxed to (508) 228-7298, ore-mailed to jbrescher@nantucket- ma.Kov VERANDA HOUSE INN, LLC, FILE NO. 118-07 The applicant is seeking special permit relief under Zoning Bylaw 139-33 (pre-existing nonconforming uses, structures, and lots) to expand the use of the Guest House by adding two guest rooms, expanding the decks and adding stairs, and by altering the eastern patio and garden area. Applicant is also seeking special permit relief under Zoning Bylaw 139-18 (Off- street parking requirements) to waive the additional one parking space that proposed expansion would require. The site is located at 3 Step Lane, is shown on Tax Assessor's Map 42.42 as Pan.:el 44, and is shown recorded at the Nantucket Registry of Deeds in Book 1017, Page 168 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION File No.ll f -D1 Fee: $300.00 Owner's name(s):_ Veranda House Inn, LLC _ Mailing address: _c/o Steven Cohen at Reade, Gullicksen, Hanley, & Gifford, PO Box 2669, Nantucket, MA 02584 Phone Number:_508-228-3128 E-Mail:_SLC@READELAW.COM_ Applicant's name(s):_Dale Hamilton, as Manger Mailing Address: _ same Phone Number:_508-228-3128 E-Mail:_SLC@ReadeLaw.Com Locus Address: _3 Step Lane_ Map/Parcel:_ 42.42/44_ Plan.:_03-07, parcel 2_ Deed Reference:_1017-168 Zoning District:_ROH Uses on Lot- Commercial: _Guest House Residential: Number of dwellings_O_ Duplex _0_ Apartments _0_ Date of Structure(s): all pre-date 7/72 _Yes_ or Building Permit Numbers: _2777-83, 11943-95, 14436-97,35-03, 156-03,205-03,315-03, 361-03, 1219-04, 1220-04,463-05, 1101-07, 1222-07 (none are for exterior additionsL Previous Zoning Board Application Numbers: _None 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: See attached. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: SIGNATURE: ~ ' ~~~qf4,?b-",~ Applicant/Attorney / Agent* *If an Attorney or other Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on:_/ _/ _ By:_ Complete:_ Need Copies:_ Filed with Town Clerk:_/ _/ _ Planning Board:_/ _/ _ Building Dept.:_/ _/ _ By:_ Fee deposited with Town Treasurer:_/ _/ _ By:_ Waiver requested:_ Granted:_/ _/ _ Hearing notice posted with Town Clerk:_/ _/ _ Mailed:_/ _/ _ I&M_/ _/ _ &_/ _/ _ Hearing(s) held on:_/ _/ _ Opened on :_/ _/ _ Continued to:_/ _/ _ Withdrawn:_/ _/ _ Decision Due By:_/ _/ _ Made:_/ _/ _ Filed w /Town Clerk:_/ _/ _ Mailed:_/ _/ _ 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile ADDENDUM TO APPLICATION FOR 3 STEP LANE Background: The current owner purchased the property in 2006. The property is 8,189 +/- SF in a district with a minimum lot size of 5,000 SF, and has 26.7% +/- ground cover in a district where 50% ground cover is allowed. The property contains a 2,179 +/- SF three-story Guest House with a large open area on the eastern portion of the property used passively by guests (e.g., reading, picnics, and lawn games) and for occasional ancillary purposes by the Guest House (e.g. weddings and receptions) . The structure has several grandfathered pre-existing nonconforming features. First, it is used as a Guest House with 16 guest rooms and 3 staff rooms in the Residential Old Historic district. Second several of the exterior walls encroach within the five foot rear and side-yard setbacks: the west side is within 4.7 +/- feet; the northern/rear side is within 0.0 +/- feet; and the eastern side is within 4.5 +/- feet. These uses and setback encroachments are grandfathered as existing prior to the enactment of the Nantucket Zoning Bylaw in 1972, and in fact date back to the l880s (see enclosed copy of historic commercial pamphlet for the property with photographs) . Action Proposed: The applicant proposes to extend the use of the Guest House by reconfiguring the interior space to add two guest rooms. Currently 16 of the 19 rooms are used for guests, with the remaining 3 rooms used for staff. The interior alterations would provide for 18 guest rooms and 3 staff rooms, for a total of 21 rooms. This interior expansion of the use will be done within the current footprint, with no ground cover added and no further encroachment into the setbacks. The applicant also proposes to alter the current exterior garden space on the eastern portion of the property from a two-tiered space to a three tiered space with an additional brick patio, all for use by guests and ancillary purposes by the Guest House. The brick patio, retaining walls, and path will be altered and expanded, but no structures are proposed. The applicant also proposes, as per attached plans, to expand the existing first and second story wooden deck by extending each 12 feet in length to the north at their current width. A new set of stairs will also be added to the first floor deck. These proposed additions will not create any additional ground cover and will not encroach into the setback. Relief Requested: The applicant requests a Special Permit under Nantucket Zoning By-law ~139-33, to the extent necessary, to expand the use of the Guest House by adding two guest rooms, resulting in 18 guest rooms and 21 bedrooms total, and 2) by altering the eastern patio and garden area used by guests and the Guest House. Applicant asserts that to the extent the actions proposed are extensions of use, they are not substantial and are not substantially more detrimental to the neighborhood than the existing uses, as they will not cause any noticeable increase in the commercial use or nuisance, if any, associated with the property. Also, this area of Nantucket has numerous Transient Residential Facilities and the above changes would have no detrimental effect on the neighborhood. The Applicant also requests Special Permit relief pursuant to Nantucket Zoning By-law ~139-l8, to the extent necessary, for relief from the off-street parking requirement. The proposed expansion would increase the parking requirement by I, from 9 to 10 off-street parking spaces1. As no off-street parking is provided or proposed to be provided, and 9 parking spaces are grandfathered by the prior use, Applicant seeks a waiver of 1 parking space. Applicant asserts that off-street parking would be physically impossible, have a negative impact on the scenic and historic integrity of neighborhood, and be contrary to sound traffic and safety concerns. There is no space for off-street parking without eliminating space currently used IUnders139-18, a Guest House in the Core District is required to have 3 spaces, plus 1 space for each rental unit over 2, plus 1 space for each 3 employees on a peak shift. Since the Applicant proposed 18 guest rooms and have a peak staff of 8 (6 house keepers, 1 manager, and 1 reservationist), he is requires to have 3+5+2+10 spaces, a net gain of 1 space based on the same calculation for 16 guest rooms. by the Guest House. Putting one non-grandfathered parking space in the garden area would be historically inconsistent with the lot and neighborhood, and would be unsafe due to the angled topography of Step Lane. Adding a parking space to the garden on the North Beach Street side is similarly inconsistent, and would be a detriment to the neighborhood and contrary to the intent of the by-law, as it would require eliminating one or more publ ic off - street parking spaces to create a private driveway, resulting in not net gain and possibly a net loss of parking. Moreover, substantially all of the Applicant's guests do not bring or have vehicles, and the Applicant discourages them. The locus and the structures thereon are otherwise in conformity with all other zoning requirements.