HomeMy WebLinkAbout064-00TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: September 18 20 00
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: 064-00
Owner/Applicant:
HOMEFRONT RENOVATIONS, LLC, CP AND
FOR TIMOTHY R. MADDEN, OWNER
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.
Michael J. 0'Ma 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 42.3.4, Parcel 81 Certificate of Title No. 17,287
18 Gardner Street Lot 1
Residential-1 Land Court Plan No. 10875-D
DECISION:
At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, August 11, 2000, 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 HOMEFRONT RENOVATIONS, LLC, c/o Sarah F.
Alger, P.C., Two Union Street, Nantucket, Massachusetts 02554,
Applicant; and TIMOTHY R. MADDEN, of 19 Wauwinet Road, Nantucket,
Massachusetts 02554, Owner, File No. 064-00:
1. Applicant is seeking relief by SPECIAL PERMIT under
Nantucket Zoning By-law (the "By-law") §139-33A
(alteration/expansion of a pre-existing nonconforming
structure/use). Applicant proposes to reduce the number of
separate rental units from twelve (12) to five (5) and to reserve
a proprietor's suite, which would not be separately rented. The
existing kitchen would continue to serve these rooms. The
basement apartment would continue to be used for employee
housing, but occupancy would be limited to three (3) of
Applicant's employees. Such uses would require seven (7) parking
spaces, a reduction from the ten (10) currently required. The
locus is improved by a 12-room guesthouse, served by a kitchen
and with employee housing in the apartment in the basement.
Applicant proposes no material exterior change to the structure.
The locus is nonconforming as to use as described above; as to
front yard setback with the structure being sited at about 4.6
feet at its closest point from the easterly front yard lot line
along Gardner Street in a district that requires a minimum front
yard setback of ten (10) feet; as to side yard setback with the
structure being sited at 0.6 feet at its closest point from the
southerly side yard lot line in a district that requires a
minimum side yard setback distance of five (5) feet; and as to
parking with there being less than the required parking spaces
provided on site. To the extent necessary, Applicant also seeks
relief by SPECIAL PERMIT under By-law §139-18 to waive any
additional parking spaces. See also our Files Nos. 066-90 and
014-91.
The Premises are located at 18 GARDNER STREET, Assessor's
Map 42.3.4, Parcel 81, Land Court Plan No. 10875-D, Lot 1. The
property is zoned Residential-1.
2. Our decision is based upon the application and
accompanying materials, and representations and testimony
received at our public hearing. The Planning Board made a
favorable recommendation. There were concerns presented by
abutters in person and by correspondence at the public hearing,
but these concerns have been satisfactorily addressed.
3. The locus is situated in a Residential-One ("R-1")
zoning district and is improved by a two-story structure. As
found by the Board in Case 066-90, since a time prior to 1972,
the structure on the locus has been used as a twelve-room guest
house, served by a kitchen, and as employee housing in an
apartment in the basement. Such uses are not permitted in the R-
1 zoning district, and as a result, such uses are pre-existing
and nonconforming.
4. The structure on the locus is nonconforming as to front
and side yard setbacks, having front yard setback from Gardner
Street of about 4.6 feet at its closest point, where a minimum of
10 feet are required; and having side yard setback on the south
of about 0.6 feet at its closest point, where a minimum of 5 feet
are required. Applicant proposes no material exterior change to
the structure.
5. The locus is also nonconforming as to parking, with a
minimum of ten (10) spaces being required (6 for the guest house
and 4 for the employer dormitory) in the Residential Parking
Permit District in which the locus is situated. As shown on the
plot plan drawn by Charles W. Hart & Associates, Inc., dated July
20, 2000, six parking spaces are currently provided on site, but
such six spaces do not conform to the aisle width and other
dimensional requirements of the By-law. Additional or conforming
parking on the locus is not physically possible given the
configuration of the lot and the location of the structure and an
easement on the locus, and even if it were physically practical,
it would have a significant and adverse effect on the scenic and
historic integrity of the neighborhood. The locus otherwise
complies with the dimensional requirements of the By-law.
6. Applicant proposes to reduce the number of separate
rental units from twelve (12) to five (5), and to reserve a
proprietor's suite, which would not be separately rented. The
existing kitchen would continue to serve these rooms. The
basement apartment would continue to be used for employee
housing, but occupancy would be limited to three (3) of
Applicant's employees. Such uses would require seven (7) parking
spaces (4 for the guest house and 3 for the employer dormitory).
7. Upon these facts, the Board of Appeals finds that the
proposed alteration and extension of the pre-existing uses upon
the locus, by reducing the number of separate rental units from
twelve (12) to five (5) and reserving a proprietor's suite, which
would not be separately rented, with such rooms continuing to be
served by the existing kitchen, and by continuing to use the
basement apartment for employee housing, but limiting occupancy
to three (3) of Applicant's employees, with no additional on site
parking to be provided, conditioned as set forth herein, would
not be substantially more detrimental to the neighborhood than
the existing nonconformities and will be in harmony with the
2
general purpose and intent of the By-law.
8. Accordingly, by a UNANIMOUS vote, the Board grants the
requested relief by SPECIAL PERMIT, under By-law §139-33A, to
allow the proposed alteration and extension of the pre-existing
uses upon the locus, by reducing the number of separate rental
units from twelve (12) to five (5) and reserving a proprietor's
suite, which would not be separately rented, with such rooms
continuing to be served by the existing kitchen, and by
continuing to use the basement apartment for employee housing,
but limiting occupancy to three (3) of Applicant's employees,
with no additional on site parking to be provided, and under By-
law §139-18, to waive the required parking spaces, upon the locus
upon the following express conditions:
a. Parking shall continue to be provided in
substantial conformity with the plot plan drawn by
Charles W. Hart & Associates, Inc., dated July 20,
2000, a copy of which is attached hereto as
Exhibit A.
b. The length of the parking area along the northerly
property line shall be effectively screened by a
fence or densely planted compact~.~sh~ubs or hedge.
Dated: September /~, 2000 ~~~ ~l~
Mich e J. O~Mara
R~CEi!'ED
TOV1/N CLERK'S OFFICE Dale W. Wai
NANT~.fCKET, MA 02554
SEP 18 2000
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CLERK: ~''~~~
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ZONING CLASSIFICATION: .-;.~ EXIST1NC: .
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.H WN ARE ~ OCATED W FOIFOODHAZAftD ToNE~, CC ~.PRDE~uNEATED
IN FJ.R1d. / COl1lJUWTY PANEL NUUBER 250230-00 . ll. ~ BY
HE FEDERAL E1lERCENCY kANACE1dENi AGENCY. EFFECTNE DATE
IF uAPS: JUNE 3, 1986, AND AS PERIODICALLY REVISED.
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MORTGAGE. PLOT PLAN
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NANTUCKET,. MASS.
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H1S PLOT PLAN WAS, PREPARED FOR A(ORTGACE PURPOSES Deed: C~~; ,/,7~7 Plan: ~ 8?S-Q
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URVEY. D THISNPLAN SHOULD NI07RBE USED 70 ESTABLISH Tax l.la Y
ROPERTY UNES, FENCES, HEDGES OR ANCJLLAR P' ~'~ Y' • ~! Locus: G~P/!~/~ $T.
fRUC7URES ON THE PREAl1SES. THE PROPERTY UNES SHOWN CHART F:s jy, ~T & ASSOCIATES, InC.
IISYPLOTCPLAN ISIS N07 A ~ER7IFICAnONFASE70RTHE TITLE OR
SANFORD BOAT BUILDING
9NERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING 49 SPARKS AVENUE '
20PERTIES ARE SHOWN ACCORDING 70 CURRENT ASSESSOR NANTUCKET., MA$S.• 02554
:CORDS OF THE TOWN OF NANTUCKET
~~P NOT TO BE RECORDED. (508) 228-8910 H~99o
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON 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.,
F'1tIDAY, AUGUST 11, 2000, IN THE CONFERENCE ROt7M, TGWN ANNEX BUII..IfING,
37 Washington Street, Nantucket, Massachusetts, on the Application of the following:
TIMOTHY R MAI3DEN, OWNER ANI7 FOR HOMEFRONT RENOVATIONS, LLC, CONTRACT
PURCHASER
BOARD OF APPEALS FILE NO. 064-00
Applicant (Homefront} is seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw
Section 139-33A (alteration/expansion of apre-existing nonconforming structure/use}. Applicant
proposes to reduce the number of separate rental units from twelve (12} to five (S}, and. to "rese"rve a
proprietor's suite, which would not be separately rented. The existing 1Qtchen would continue to serve
these rooms. The basement apartment would continue to be used for employee housing, but occupancy
would be limited to three (3) of Applicant's employees. Such uses would require seven (7} parking
spaces, a reduction from the ten (10) currently required. The Locus is unproved with a 12-room guest
house, served by a latcfien and with employee housing in the apartment in the basement. Applicant
proposes no material exterior changes to the structure. The Locus is nonconforming as to use as
described above; as to front yard setback with the structure being sited at about 4.b feet at its closest
point firom the easterly front yard lot line along Gardner Street in a district that requires a minimum front
yard setback often (lo} feet; as to side yard setback with the structure being sited at o.6 feet at its closest
point from the southerly side yard lot line in a district that requires a minimum side yard setback distance
of five (5}feet; and as to parking with there being less than the required parking spaces provided on site.
To the extent necessary, Applicant also seeks relief by SPECIAL PERMIT under Section 139-18 to
waive any additional parking spaces. See also BOA File Nos. 066-90 and 014-91.
The Premises is located at 18 GARI3NER STREET, Assessor's Map 42.3.4, Parcel 81, Land
Court Plan 1Vo. 10875-8, Lot 1. The property is zoned Residential-1.
I
Michael J. O'Mara, airman
THIS NOTICE IS AVAILABLE 1N LARGE PRINT OR OTHER ALTERNATIVE
FORMATS. PLEASE CALL 50$-228-7215 FOR FURTHER INFORMATION.
BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS _
TOWN AND COUNTY BUILDING Date: 07/ 00
NANTUCKET, MA 02554
CASE No. -00
APPLICATION FOR RELIEF
Owner's name(s): Timothy R. Madden
Mailing address: 19 Wauwinet Road, Nantucket, Massachusetts
Applicant's name: Homefront Renovations, LLC
Mailing address: c/o Sarah F. Alger, Attorney, 2 Union Street,
Nantucket, Massachusetts 02554
Location of lot: Assessor's Map 42.3.4, Parcel number 81
Street address: 18 Gardner Street
Registry Land Ct Plan, Lot 1, Land Court Plan No. 10875-D
Date lot acquired: 04/10/96 Deed Ref Certificate of Title No. 17,287
Zoning district: Residential-One
Uses on lot - commercial: None _ or guest house & employee housing
MCD? No
- number of: dwellings 0 duplex 0 apartments 1 rental rooms 12
Building date(s): all pre-8/72? X or C of O? Yes
Building Permit appl'n Nos. 194-73; 2566-82; 7834-91; 9932-93;
12154-95; 13151-96; 276-96
Case Nos. all BoA applications, lawsuits: 066-90 (never acted on);
014-91 (relief denied)
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 139-31A U L
& B X, attach decision or orders appealed. OK to attach addendum' ~ N
LL O
~ Q o
Please see the attached addendum. W
_~ Y ~ 0
fV
W
W ~
W
Items enclosed as part of this Application: orders- addendum' X W J Y
C~2 ,
structures
Locus map X Site plan X showing present X + planned ~ U U _1
_
proposed _ elevations _ (HDC approved? _)
Floor plans present Z ~ ~
_
Listing lot area X frontage X setbacks X GCR X parking data X ~ Z
Assessor-certified addressee list 4 sets X mailing labels 2 sets X O Q -+=Y
$200 fee payable to Town of Nantucket X proof' 'cap' covenant _ ~ Z ``~ " W
'(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.) ~ ~J
L
I certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and
penalties of p rjury.
SIGNATURE: ~ ~ Applicant _ Attorney/agent X
'(If not owner or owner's attorney, enclose proof of authority)
FOR BoA OFFICE USE ~~
Application copies rec' d: 4~r fo oA on ~/ ~~ by ~~~~i~-~
One copy filed with Town Clerk on ~/~ by complete? >~
One copy each to Planning Bd and Building Dept/, / by ~~~C"•
$200 fee check given~w~~asurer on ~~ by waivepd~`c____~
Hearing notice posted / mailed ~/_ I & M / ,n-s/~L O / /~
Hearing(s) on _/_/_ cont'd to _/_/_, _/_/_ withdrawn? _/_/_
Decision due by _/_/_ made _/_/_ filed TC _/_/_ mailed _/_/_
See related cases lawsuits other
Addendum
Nantucket Zoning Board of Appeals Application
Homefront Renovation LLC
18 Gardner Street
Applicant seeks a special permit under Nantucket Zoning By-law
(the "By-law") §139-33.A.(2) to alter and extend the pre-
existing, nonconforming uses upon the locus. To the extent
necessary, Applicant also seeks a special permit under By-law
§139-18.B.(2) for relief from the parking requirements of the
By-law. The locus is situated in a Residential-One ("R-1")
zoning district and is improved by a two-story structure. As
found by the Board in Case 066-90, since a time prior to 1972,
the structure on the locus has been used as a twelve-room guest
house, served by a kitchen, and as employee housing in an
apartment in the basement. The structure is nonconforming as to
front and side yard setbacks, having front yard setback from
Gardner Street of about 4.6 feet at its closest point, where a
minimum of 10 feet are required; and having side yard setback on
the south of about 0.6 feet at its closest point, where a
minimum of 5 feet are required. Applicant proposes no material
exterior changes to the structure. The locus is also
nonconforming as to parking, with a minimum of ten (10) spaces
being required (6 for the guest house and 4 for the employer
dormitory) in the Residential Parking Permit District in which
the locus is situated. Additional parking on the locus is not
physically possible given the configuration of the lot and the
location of the structure and an easement on the locus, and even
if it were physically practical, it would have a significant and
adverse effect on the scenic and historic integrity of the
neighborhood. The locus otherwise complies with the dimensional
requirements of the By-law. Applicant proposes to reduce the
number of separate rental units from twelve (12) to five (5),
and to reserve a proprietor's suite, which would not be
separately rented. The existing kitchen would continue to serve
these rooms. The basement apartment would continue to be used
for employee housing, but occupancy would be limited to three
(3) of Applicant's employees. Such uses would require seven (7)
parking spaces (4 for the guest house and 3 for the employer
dormitory) .
~ ; ~~
•BoA Form
NANTUCKET ZONING BOARD OF APPEAL5
TOPJN • AND COUNTY BUILDXNG
NR?NTUCKET, MA 02554
__ _. __ _ ___=J ~_
228~~~~8
2-89
ASSESSORS ?FIST 0= PATtTIES ZN INTERES= '
b
PROPERTX OWNER:
Timothy R. Madden
APPLxCANT FOR RELIEF (Sn?~:E? ) Homefront Renovations LLC
ADDRESS OF PROPERTY:
c o ara ger, Attorney
• 18 Gardner Street
F,SSESSORS MAP ~ PF~RCEL:
Map 4234, Parcel 81
LIST OF PAttTIES INCLUDING pTJDRE55ES* (OR SEE AT^_F,Ci-IED )
aF ~~
`~~U
. ~ NAN ~w~ of
cKFT Mq
I certify that the foregoing for the attached ) lists
all persons natural or legal, who are owners of abutting
property , owners oz lard directly opposite on any public
or private street or way; and abutters of the Gbuctex-s and
all other land owners within three hundred feel of the
property line of Owner's property, as they ( aTd their
address) appear on the most recent applicable tax list
{per M.G_L. c. 40A, Section"1? Zoning Code Chapter 139,
Section 139-29D (2)). .
. a v o _ Qm ~-~' a ~~'-
Date Assessors Office
Town of Nantucket
'NOTE: Applicant (petitioner) should inc?ude with the lot
, for which zoning relief is sought, any commonly-owned
abutting Lots which ;aiCht beco.:te involved in the zoninc .
rattez. List r..ap ar.d pzrcels fo_ each; abutter.
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ANTUCKET 10875
SUBDIVISION PLAN OF LAND IN N
Michael S. Bachman, Surveyor
November 22,1982
LIBERTY ST.
G
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S 05'30'43"E ~~O,~j L~^
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Subdivision of Lot D
Shown on Plan 10875-C
Filed with Cert. of Title No. 2373
Registry District of Nantucket County
Separate certificates of tide may be issued for land
shoMnhereon as Lats 1~P and 3__________
By the Court. y~ y~,
JAN_ 26 1983 -~ ~~n car er.
N. B. r
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Abutters are shown as
on original decree plan.
Copy o/ part a/ plan
117sd 1n
LANG f~EGISTAATION OFFICE
JAN. 26, 1963
Scale o/ lAls plan 30 /eet to an IncA.
Lauls A. /bars, £np/nssr /ar Caurt ,
_,
I
ZONING CLASSIF'lCATION: .R.
uw. AREA: ~"OroS.F
uIN. FRONTAGE:.. .~ . ~.,5.0.
FRONT (YARD S.B :...../.4.
REAR i5C SIDE S.B.:. . ~S.
GROUND COVER (X):...3.0. °o
. EXISTING:
93es' t,S:F
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Y. X~t~CN
. sQ ~T;E-R S . .
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No.32~A9
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I CERTIFY, Tn THE BEST OF 1N iQJOV,tIDGE, THA~TH€ PREMISES
SHOWN ARE LOCATED 1N FLOOD IiAZARD ZONE:..G ...,DELQJEATED
ON FJR11 / COll11UMiY PANEL NU618ER: 250230-00 . ll. ~ BY
THE FEDERAL FIIERGENCY I.IANAGEUENi AGENCY. EFF'ECTiVE DATE
OF -Il,PS: JUNE 3, 1986, AND AS PERIODICALLY RE111SfD.
1
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MORTGAGE PLOT PLAN
OF LANO IN
NANTUCKET, MASS.
SCALE: 1'=,ZO~ DATE:O~'C 7 /998
Owner. TliyOT~/.Y. ~ /. ~/f{.OD~.~ .. .
TH1S PLOT PLAN WAS PREPARID FOR uORTCAGE PURPOSES Dced: ~~T .~j?67. Plan:~~•~~BT-~ : ~
ONLY AND LS NOT 1T) BE CONSIDERED A FULL• 1NSTRUI.lENT• ~8
SURVEY. TN1S PLAN SHOULD N07 BE USED T0.6TABllSH lax TAap: ~~-.3%Y: ".g~ .Locus: ~~~2 ST
PROPERTY UNES, FENCES, HEDGES OR ANY. ANCILLARY
STRUCTURES ON 7HE PREMISES. THE PROPERTY LR~fEES SHOWN CHARLES W. HART & ASSOCIATES, InC.
RELY ON CURREM DEIDS AND PLANS OF RECORD. SANFORD BOAT BTJITDING
THIS PLOT PLAN is NOT A CER7IFlCATION AS 70. 7HE TTIT.E OR
OWNERSHIP OF THE PROPERTY SHOWN. OWJJERS OF ADJOINWG 49 SPARKS AVENUE
PROPERTIES ARE SHOWN ACCORDING TO CURRENT' ASSESSOR NANTUCI~T, MASS. 02554
RECORDS OF THE TOWN OF NANNCT(ET. NOT ?0 BE RECORDED. (508) 228-8910 H-~`~990