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Home My WebLink About060-13 38 Orange StreetFrom Eleanor Weller Antonietti, Zoning Administrator Re: Zoning Board Decision #060 -13 — CORRECTION TO COVER PAGE The cover page for the above referenced ZBA Decision filed with the Town Clerk on September 23, 2013, contained a scrivener's error. This inadvertent error will neither effect the content of the decision nor the completed appeal period. lip Eleanor W. Antonietti, Zoning Administrator 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508 -228 -7298 facsimile Z D Z ° r TOWN OF NANTUCKET Z BOARD OF APPEALS m m NANTUCKET, MA 02554 IE :B o M W to MEMORANDUM Date: January 9, 2014 To: Town Clerk From Eleanor Weller Antonietti, Zoning Administrator Re: Zoning Board Decision #060 -13 — CORRECTION TO COVER PAGE The cover page for the above referenced ZBA Decision filed with the Town Clerk on September 23, 2013, contained a scrivener's error. This inadvertent error will neither effect the content of the decision nor the completed appeal period. lip Eleanor W. Antonietti, Zoning Administrator 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508 -228 -7298 facsimile C r RECEIVED TOWN OF NANTUCKET 2014 JRN 10 VE 3 39 BOARD OF APPEALS NANTUCKET TOWN CLERK NANTUCKET, MASSACHUSETTS 02554 Original Date: September 19, 2013 *Correction Date: January 9, 2014 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 060 -13 Owner /Applicant: Andrew and Melissa Fisher, Owners /Applicants and Andrew T. Bednar, as Trustee of the *BedACE Trust and Contract Purchaser * SEE CORRECTION ABOVE. This inadvertent scrivener's error will not impact the requirements of the appeal period which began on September 23, 2013, date of filing with the Town Clerk and was completed on October 14, 2013. 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) days. Eleanor W. Antonietti, Zoning Administrator 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- 325 -7587. RECEIVED ,,.p�Ol3 3-? 9 9m 10 00 TOWN OF NANTUCKEINANTUCKET TOFfN CLERK BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 File No. 040-/" Owner's mme(s): Andrew S. Fisher and Melissa L. Fisher Mailing address: 1 Hobart Drive, Greenwich, CT 06831 Phone Number. 508- 228 -0771 E -Mail: Richard @gliddenandglidden.com Applicant's name(s): Andrew T. Bednar, Trustee of the 38 Orange Street Trust as Contract Purchaser Mailing Address: c/o Glidden & Glidden, P.C. 37 Centre Street, Nantucket, MA 02554 Phone Number: 508- 228 -0771 E -Mail: Ricbard@gliddenandgliddm.com Locus Address: 38 Orange Street Assessor's Map /Parcel: 42.3.2/221 Land Gevst$]an /Plan Book & Page /Plan - File -No.: Plan Book 3, Page 31 Deed Reference/ - °-a`-""`'-: Book 1216, Page 240 Zoning District: ROH Uses on Lot- Commercial: No Yes (describe) Residential: Number of dwellings: 1 Duplex _ Apartments Date of Structure(s): Pre -1972 Previous Zoning Board Application Numbers: 069 -99, 072 -90, 043 -80 State below or attach a separate addendum of specific special permits or variance relief applying for: See Addendum I certify that the informagori contained herein is substantially complete and true to the best of my knowledge, der the pains and penalties of perjury. Owner* *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 C1erk:JJ_ Planning Board:JJ_ Building Dept.:—/—/— By:_ Fee deposited with Town Treasurer.JJ_ By:_ Waiver requested:_ Gtamed:_/_/_ Hearing notice posted with Town Clerk:—/—/— Mailed:_ /_/_ I&M —/_ /_ &_/_/_ Heating(s) held on.—/—/— Opened on :_/ —/_ Continued to:_ /_ /_ Withdrawn;—/—/— Decision Due By:_ /_/_ Made:_ /_ Filed w /Town Clerk: —/—/_ Mailed:—/—/— Addendum The owners, Andrew S. Fisher and Melissa L. Fisher, are selling the Locus to the contract purchasers. The Locus, 38 Orange Street, was formally used as the Four Chimneys guest house, but this use was abandoned when the current owners took title in January 15, 2010. Accordingly, the guest house use was abandoned in favor of a residential use and has been used as a residence since. A residential use is allowed by right in the Residential Old Historic zoning district, but transient residential facilities (e.g., guest houses) are not allowed. The contract purchasers would like to clear up any discrepancy in paperwork and title issues with the former commercial use on the Locus. Accordingly, the applicants are requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139 -33.A. in order to validate the change of use from guest house to residence. Furthermore, per Section 139 -33.C. once a nonconforming use is abandoned for three (3) years, it can no longer revert back to the nonconforming use. Also, per Section 139 -33.D, once a nonconforming use is converted to a conforming use, the nonconforming use shall not be reestablished. Therefore, the property at 38 Orange Street cannot be reestablished as a guest house and must remain a residence. Additionally, because the property has been converted to a conforming use and the guest house use cannot be reestablished, the applicants are requesting that the conditions in ZBA Decisions 069 -99, 072 -90, 043 -80 be extinguished because they are now moot. Town and e of ph Property Information Propertyl0 4232221 Location 38 OMNGE ST Owner FISHER ANDREW S B MELISSA 3261 6 2 f xa \23A2 A A � 17 3F2 d2. 2'821 A � \ • m T za22 bz 21�1 � 62.52`d .a23�Y82] 42a283 116 21]8 7A 2JE N �! , 4 2p i 4 9 12� . 1]9 Td23226 2, .2211 2. 2143 A -4 S 42..2 05 �2F�4 2160 4 328] r ��r ms< 41 1105 4 t '4z z <q 4 *SB9 d " 152 -42. 150` `�L .228 u • 4223: b d2.3.2t51 - at N � .bz 236 a 42329] - A✓ 2 1.'55 T4 �.SSA6116 a �w15 M .0.I 5�� .0.1.10 0 MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT The Town makes no claims and no warmntles, depressed or Implied COndeming Ne validity or accuracy of the GS data presented on Nis map. Parcels updated December, 2012 iWNV(h101ifl TO AN TOWN OF NANTUCKET BOARD OF APPEALS am NANTUCKET, MASSACHUSETTS 02554 - f rDate, December CtQv 1999 To' Pardee in Interest and. Othe[a conm D with the DeCis Son o[ CTa BOARD OP APPSALS In the Application of the [olloving; Application No.. 069 -99 OYdee /Applionnt; THE NANTUCKET I INC. EnclOSed is the Decielon of the BOARD OF APPEALS ablch has this day been filed 1- the office of the Nantucket Tom Clerk. An Appeal frmm this Deeiaion may be taken pursuant to Section 17 of Chapter 40A, Mo. eachusetts general Lava. Any action appealing the D-Ci -Sun must be brought by Filing an complaint in court rlthin THENTY (30) days alter this day's date. Notice of the -Crime with a cop, of the complaint and certified copy of the Deeiaion at be 91Ymn to the Tam Clerk so as to be received viable dumb TN M (30) days. . lr/ William P. Houlihan Chairnan Cm Tom Clark Planning Board Building C mad, 1pioner PLEASE NOTES MOST SPECIAL PERMITS AND VARIANCES HAVE A TINE LIMIT AND MILL MIRE IP NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY -LAN .0139 -Wr (SPECIAL PERMITS); 1139 -30I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. i 1JOY0656PAg079 4I TOWN OF NANTUCKET ZONING BOARD OF APPEALS NANI'UTCWASHINGTON ET, USSEETTS 02554 PHONE 508 -228 -7215 FAX 508- 228 -7205 Asaasaer's Map 42.3.2 38 orange street Parcel 231 ➢lan Book 03. Page 31 ROH peed Ref. 346/306 At. Public Hearing of the Nantucket Zoning Board of Appeal- held E IL 00 P.M., Friday, November 12, 1999, originally noticed for August 13. 1999, end continued without opening to September 17, 1999 and October 22, 1999,: 1 the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Haesachuse tts, on the Application of THE NANTUCKET POUT CHIMNEY$, INC., of 38 Orange Street, Nantucket. MA 02554. Board o[ Appeals File No. 069 -99, the Board made the following Decision, 1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw §139 -33A (alteration /expansion of a pre - existing nonconforming wtructure /use) Applicant preposea to alter a twelve -room guest house by reducing the number Of guest rooms from 12 to ten (10)1 reduce the two (2) staff rpome in the lover level to ono (1) room that would meet the Building Code requirements for the [our (4) on -site employees while maintaining the existing manager's dwelling unit. Applicant further proposes to expand the footprint of the structure by demolishing a rear deck/pOrch and exterior at its and constructing a rtew sddltlOn that voultl upgrade the existing commercial kf tchon a pace a n provide a fireproof stair tower to meet the Building Cade requirements [o] emergency access. The addition would meet all dimensional requirements an! would be sited outside the required setback areas. The ground cover would increase from 40 %+ to 49 %+ on this 5,680± square foot Lot, which is allowed a maximum ground cover of 50 %. As the parking requirements must be calculated for the uses on the Premises as if newly constructed due to the expansion of the structure. Applicant 1s also seeking retie[ by SPECIAL PERMIT under Nantucket Zoning Bylaw 1139 -18 to waive eight (e) of the required ten (10) parking -peace ea two (2) are provided on cite. Similar parking relief vac granted to BOA F1Is No. 072 -90. See. also BOA Pita No. 043 -00. The Locus is OOnconlorming as to parking and use. The Promisee is located at 38 ORANGE STREET, Aeeeseor'. Map 42.3.2, Parcel 221, Plan Book 3, page 31. The property is coned Realdential- old- Rietorie. 2. The Decision is based upon the APP1icatlon and materiels Submitted with it and the testimony and evidence presented at the hearing. The PI analog Board made no recommendation am the matter was met of planning gmwmrn. There were no Smttsrm on file and no public bomme0t at the hemring. -9. Applicant represented that the proposed alterations, including adtllny an enclosed etairtower that would provide the required emergency. aces.. to tbs guest house, enclosing an existing porch on the northeasterly rear portion of the structure, and .Spending an e.iating P--ti.. on the southeast rear, are pare o[ an overall renovation of the structure. Said renovation would result In a deor...I I. the number of rental guest room. from 12, es permitted in the Decislon in BOA File No. 072 -90, to nine (9), reduction in staff room. from two (2) to One (1)'%hat would meet the Building Code requirements, and expansion of the Ovner's /manager. apartment. The structure would not impact the nonconforminq front or ...therly aide yard setback intruniOne as the work would take place entirely outside of the required setback areas. Applicant Is now asking for a waiver of seven (7) spaces am opposed to the noticed eight (8) an the number of rental rooms has decreased from the proposed ten (10) to nine (9) as of the hearing. d. Therefore, the Boards finds.that there would be an overall 'expansion Of the guest house structure, though not of the number of guest rooms, and further finds that Said expansion would not be substantially more detrimental to the neighborhood than the exlsting noncon[ormitie.. The Proposed use would be le.. intensive -than the e.letinq 12 -room g.aet hovaa use and would provide a benefit se. the structure Would be made more Conforming as to the Building Code with the alterations and expan.iana. S. Accordingly, by a unanimous vote. the Board GIANTS the requested SPECIAL PERMIT under Nantucket Zoning Bylaw 1139 -33A to allow the alterations and expan.lohs a. proposed, and shown on a site plan done by Sandcastle Construction, Inc., dated November 8, 1999, marked a. Exhibit A and on file at the Board of Appeals, and under Bylaw 1139 -18 waiving aeVen (7) of the required nine (9) parking spaces with two (2) provided.on alt.. 6. In further action, the Boards APPROVES the alto plan Identified in Paragraph 6 above, under Nantucket Zoning Bylaw .1139 -23. Entail December a2�- 1999 wil m P. H`o`urlhan dr. RECEIVED - On t �r TOWN CLERKS OFFICE NANTUCKET, MA 02564 DEC 211999 A Nancy 9e one Michael J. O'Hern - ICDil1FYTHATID DAVS HAVRBIAP,�ApTBR ' 1HBDEQ9DN WASFwcn M]1tECF17 ®Dp11LB /� = IUBNOBgN, AND ]HATNOAPPFN.NASBPSV ¢dva Mu y 1�I ''4A1R,NNRroGf2lEkALUW1eNlS�UIII APR APR aR Ift NAD APR 04.w MEmSmAtd�e1 aprslnd OmAPN 0� : 3n/d1chJ AAmn �m..,_iwmy He9km,a0«a End of I,uvument QP (1) i Q� ilT A'.I IIIJ F I __.. _ OWN TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Data. Fab... ry 1991 T03 Parties in Form r..t .ma.Oth... co c•rned with the Decision Of the BOARD OF APPEALS in the Application of an. [oll.win" Application No., 072 -90 owner /Applicant, The ket Four Chlmnevr, Inc. /ILW U &A 9 Ra sm) Enclosed is the Decision of the BOARD OF APPEALS Which has this day been filed in the Office of the Nantucket :own Clerk. An Appel from this Decision may is taken pursuant to See ti011 17 of Chapter 40A, M...chusetts em es•1 Law.. Any action appealing the Decision must t• brought by filing an complaint in court within TWENTY (201 da)'s after this day's date. Sotiee of the action with a copy Of the complaint and certified Copy of the Decision must be gil.n to the Town Clark 10 9e to be uc•iwed within such TWENTY (201 days• wre ene•r,en•ln.n 9e, Town fleck PI ... log Board 1u11din9 Cpmsiul•wr 0 RECEIVED v' 2013 SEP 23 PM 1 48 TOWN OF NANTUCKET NANTUCKET TOWN CLEM BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: September 19, 2013 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 060 -13 (38 Orange Street) Owner /Applicant: Andrew and Melissa Fisher as Owners Andrew T. Bednar. Trustee of the 38 Orance Street Trust as Purshaser 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 90A, 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/ff '�ven to the Town Clerk so as to be received within such TWENTY /„j4vf )aays. cc: Town Clerk / Planning Board (� Building Commissioner /Zoning Enforcement Officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES RAVE 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 BOARD OF APPEALS 2 FAIRGROUNDS ROAD NANTUCKET. MASSACHUSETTS 02554 Assessor's Map 42.3.2, Parcel 221 Plan Book 3, Page 31 38 Orange Street Book 1216, Page 240 Residential Old Historic DECISION 1. The Nantucket Zoning Board of Appeals held a public hearing on September 12, 2013 in the Community Meeting Room at the Public Safety Facility at 2 Fairgrounds Road, Nantucket, Massachusetts, regarding the application of Andrew S. Fisher and Melissa L. Fisher as Applicants /Owners; Andrew T. Bednar, Trustee of the BedACK Trust as Contract Purchaser, c/o Glidden & Glidden, P.C., 37 Centre Street, Nantucket, MA 02554, Board of Appeals File No. 060 -13. The Board made the following Decision: 2. The applicants/owners are requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139 -33.A. in order to validate the change of use from guest house to residence. In the alternative, the applicants/owners are requesting that the conditions in ZBA Decisions 069 -99, 072 -90, 043 -80 be extinguished because they are now moot because the locus has been continuously used as a residence since January 2010. The Locus is situated at 38 Orange Street, is shown on Nantucket Tax Assessor's Map 42.3.2 as Parcel 221, is shown in Plan Book 3, Page 31, and evidence of owner's title is recorded in Book 1216, Page 240 at the Nantucket Registry of Deeds. The property is zoned Residential Old Historic. 3. Our Decision is based upon the application and accompanying materials and representations and testimony received at the public hearing. The Planning Board recommendation to vacate the previously issued permits was favorable. Other than the presentation by the applicants' counsel at the hearing, there was no testimony either in favor of, or in opposition to, the application. 4. Attorney Richard J. Glidden represented the applicants/owners at the hearing. Prior to the applicants /owners taking title to the property, the structure on the Locus was used as a guest house since before the adoption of the Zoning Bylaw. This guest house, therefore, was considered a preexisting nonconforming use and had the benefit of ZBA Decision Nos. 069 -99, 072 -90, and 043 -80. The Zoning Bylaw now does not allow guest houses in the Residential Old Historic (ROH) zoning district. When the applicants/owners took title to the property in January 2010, they abandoned the guest house use and have used the property as a single - family residential use continuously since that tune. Per Nantucket Zoning Bylaw section 139- 33.C., once a nonconforming use is abandoned for three (3) years, it can no longer revert back to that nonconforming use. Therefore, in January 2013, the guest house use could no longer be reestablished. Further, per Section 139 -33.D, once a nonconforming use is converted to a conforming use, the nonconforming use shall not be reestablished. A residential use in the ROH zoning district is considered a conforming use. Accordingly, because of Nantucket Zoning Bylaw Sections 139 -33.C. and D., the property at 38 Orange Street cannot be reestablished as a guest house and must remain a residence. Nonetheless, in order to clear up any discrepancy in the chain of title, the applicants/owners are requesting pursuant to Nantucket Zoning Bylaw Section 139 -33.A. the Board of Appeals validate the change of use from a non - conforming guest house use to conforming residential use. In the alternative, the applicants/owners request the Board of Appeals to extinguish the conditions in ZBA Decision Nos. 069 -99, 072 -90, and 043- 80 because those conditions were only applicable to the guest house use on the Locus. 5. The Board finds that the relief and associated conditions in ZBA Decision Nos. 069 -99, 072 -90, 043 -80 are no longer applicable because those decisions were based on a nonconfomvng guest house use that bas since been abandoned and cannot be reestablished. The Board also finds that additional relief to validate the conversion of the use of structure from a nonconforming guest house to a conforming residence is not required. 6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board agreed to vacate the previous approvals and extinguish all of the conditions in ZBA Decision Nos. 069 -99, 072 -90, and 043 -80. SIGNATURE PAGE TO FOLLOW Assessor's Map 42.3.2, Parcel 221 Plan Book 3, Page 31 38 Orange Street Book 1216, Page 240 Residential Old Historic Dated: COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On this day of 2013, b fore me, the undersi ed notary public, personally appeared (a personally known to me, or (b) _ prov to me through satisfactory evidence of iden ation, which was (type of identification) to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he /she signed it voluntarily for its stated purpose. Official Signa ue and Seal of Notary Public My commission expires: goELL ErrS 2018