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Home My WebLink About087-84TOWN OF NANTUCKET 0 G?'�- � BOARD OF APPEALS NANTUCKET. MASSACHUSETTS 02554 December 14, 1984 Re: SHIRLEY Y. PERKINS (087 -84) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. OF APP A S Eileen j. Cahoon, Chairman 0/ � 7_", TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 DECISION• At a meeting of the BOARD OF APPEALS held at 1 :30 P. M. on Friday, December 14, 1984, after a hearing held at 1:30 P. M. on Friday, November 30, 1984, in the matter of the application of SHIRLEY Y. PERKINS (087 -84), the Board makes the following findings and enters the following Decision: 1. This is an application for a VARIANCE pursuant to Section 7H of the Nantucket Zoning By -Law, granting relief from Section 6B (Parking Requirements) of the Zoning By -Law. If granted, the Applicant would be allowed to decrease the number of parking spaces required for a proposed fourteen (14) -unit guest house to be constructed upon the premises of the Applicant, located at NINE SEA STREET, Assessor's Parcel 42.4.2 -52.2 (LOT 3, PLAN BOOK 20, PA&E 45), and zoned as RESIDENTIAL - COMMERCIAL. 2. The Board finds that the premises may be used, as a matter of right under the Zoning By -Law, for the construction and occupancy of a structure to be used for transient commercial facilities, including a guest house. Section 6B of the Zoning By -Law requires that the landowner provide three (3) parking spaces, plus one (1) additional parking space for each rental unit over two (2), in connection with a lodging house. The proposed fourteen (14) -unit facility would therefore require fifteen (15) parking spaces upon the premises. The premises, containing about 5,033 square feet of land, conform to the dimensional requirements of the By -Law but are not large enough to accomodate the proposed structure and fifteen (15) parking spaces. 3. Under Article 10 of the Nantucket Town meeting of April 3 and 4, 1984, the Town voted to amend Section 6B to reduce the number of parking spaces required for lodging houses within the Core and Resident Parking Permit District (where the premises are located) to three (3) spaces plus one (1) space for each three (3) rental units over two (2). This would have required seven (7) parking spaces. However, the Attorney General disapproved the action taken under Article 10, which disapproval rendered the adoption of this amendment invalid under the provisions of Chapter 40A of the General Laws of Massachusetts, upon grounds unrelated to the amendment in question (namely, the provision of payments to be made for certain parking relief) . Nevertheless, this action by the Town evidences an intent to relax certain parking requirements within the Core and Resident Parking Permit District. 4. Upon a viewing of the premises and of the surrounding neighborhood, the Board finds that the permitted use of the premises for a lodging house is consistent with 1 ' the overall mix of property uses in the immediate neighborhood, which contains several other guest houses. Most of these other guest houses provide few parking spaces. The number of cars parked in the vicinity of guest houses near the downtown area, where the premises are located, is much smaller than the number of units rented, even during the peak summer season. Most guests do not bring their automobiles to the Island, and, in fact, most guest house owners discourage bringing cars. The provision of on -site parking facilities, in fact, works a detriment and hardship upon the owner of the land to be used for the constrution of facilities of the type proposed, and upon the neighborhood generally, in that the clearing of vegetation for parking spaces further reduces the limited open -space in the neighborhood. 5. The shape of the lot, which complies with the Zoning By -Law as to area and dimensional requirements, differs from other lots in the zoning district in which it is located and does not allow for the provision of the required number of parking spaces. 6. Based upon the foregoing subsidiary findings, and the record in this matter, including the application and exhibits, the testimony, drawings, and exhibits presented at the public hearing, and a viewing of the site, the Board finds, for the reasons above stated, that the literal enforcement of the Zoning By -Law in this matter would involve a substantial hardship to the Applicant and that desirable relief, as applied for, may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning By -Law. 7. The grant of relief hereunder is made upon the following conditions: (a) The proposed structure upon the premises shall be sited near the westerly boundary of the lot, as approximately shown upon the sketch plan attached to this decision. (b) The Applicant, and her successors in title to the premises, shall provide four (4) parking spaces, in the location approximately shown upon said sketch plan. (c) The Applicant, and her successors in title to the' premises, shall plant and landscape those portions of the premises which are not covered by the proposed building and parking spaces. 8. For the reasons and upon the conditions herein set forth, the Board, by UNANIMOUS vote, hereby GRANTS the Applicant the requested relief from Section 6B (Parking Requirernents) of the Zoning By -Law, by VARIANCE, to reduce the number of required parking spaces for the proposed fourteen (14) -room lodging house to four (4), with respect to the premises at NINE SEA STREET, Assessor's Parcel 42.4.2 -52.2 (LOT 3, PLAN BOOK 20, PAGE Z4— Dated: December 111, 1984 J Nantucket, Massachusetts ileen I. Cahoo Ay L le L. Rickard 1:30 ✓r J William R. Sherman TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 EXTENSION OF VARIANCE At a meeting duly held at 1:30 P.M. on Friday, November 22, 1985, upon application by MATTHEW S. PARKER and PHYLLIS A. PARKER, as Trustees of SEA STREET REALTY TRUST, as successors in title to SHIRLEY Y. PERKINS (087 -84), the BOARD OF APPEALS, acting pursuant to General Laws, Chapter 40A, Section 10, hereby extends the one -year period for exercise of rights granted by VARIANCE issued by this Board on December 14, 1984, a certified copy of which was duly recorded with Nantucket Registry of Deeds on January 4, 1985, in Book 222, Page 334, for a period of six months from January 4, 1986, subject to the following condition: The relief granted by the aforesaid Variance shall apply only to the extent that the proposed construction does not constitute a Major Commercial Development under the provisions of Nantucket Code, Section 139- 9.B.(4), as amended; and, in the event that the owner of the premises shall apply to the Planning Board for a special permit for a Major Commercial Development, the discretion of the Planning Board to entertain any requests for a Special Permit for relief from parking requirements under Section 139 -18.G, pursuant to Section 139- 9.B.(4) (b), shall not be affected by the granting of the aforesaid Variance. William R. Sherman Dorothy D. ollans ►'l.Gl Y2tt> Andrew J. Le dy, Jr. rE O xcoq A<7- O O c a O (D rt p � n m n w rr n � x o N G lli �- lit � a H n r'1 x 0 co C> as n >3 a N U C 4 �O c1ANA ,\ ro° c'cta�° nl{ pY'� • Y 3 } i I. M y 4W N e ::.,�► "D s a•�xx w.a v` -`< -,-! � m »F ;;.,'t'P�'!+xa`fr � �v..'iM�►�+M -' , Aw, t 3�NNUAHI ,n. ' ' A Public Hearing of the BOAR 1OF APPEALS will be held on FRIDAY, NOVEMBER 16, 1984 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of SHIRLEY Y. PERKINS (087 -84) seeking a VARIANCE under SECTION 6B (parking requirements) of the Zoning By -Law. mm "c< If granted, the ApplicdWt would be allowed to decrease the required parking spaces from 15(fifteen) to 7(seven) for a proposed 14(fourteen) unit guest house. The property is located at 9 SEA STREET, ASSESSOR'S PARCEL 42.4.2 -52.2, LOT 3, PLAN BOOK 20, PAGE 45 and is zoned RESIDENTIAL - COMMERCIAL. •n•.'Y..Jd �....w, y.,. &. Mp+i1R n1waYnw.. aVM.. nw+.. .ra...__� +: ^'n^-'T.'VC!Frv,�•': - .«.�-- +-- ,_....... ,...+.� .... ..... ... ..... . _ :a...u:._..,... ...e.w.........,<. _..- _.,,.w�.__ :.p�...r.,,.._, m. -tl1r1R = u ... -ry .q /.IIA.:�M�•'...: - -,.� .,...RPtni ._.. -mss M w':, ur. N::.... vww�aYn+>-- ar•. pt+• �.». r- �wK.ary...— ...�Sh._yctie.uY.... .: :.4 _ .. 3 :'.'x;',�R'n5kkt`sCA?:' -._. .... ..a "it :a "a.:YW. - • ifR... .. ,:... .. AT3 -1 FEE $ 100.00 Case No. • y 15 )- -�-q APPLICATION TO THE BOARD OF APPEALS Nantucket Massachusetts To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of the (ZONING BY -LAW) (BUILDING CODE) on; property described below: Location of Property 9 Sea Street (Assessor'=s parcel 424.2 -52.2) Lot No. 3 Plan No. Plan Book 201 Page-45— District is Zoned for Residential - Commercial. Type of structure ( Existing or Proposed) or proposed use: PropQ3_e 1 c,dQi ng h6us4 Ov.,ner's Name Shirley Y. Perkins.. Owner's Address 94 Meredith Drive, Teaticket, Massachusetts 02536 When did you acquire this property ?_3hi rlay_y Perkins ac Qui red on gpntember 17, 1981. Has application been filed at Building Department? No. Has any previous appeal been made? No. Section of By -law or Code from which relief is requested: Requirements). . Section 613 (Parking Reason for asking relief: See attached statement. Applicant, Matthew S. Parker, has entered into a written agreement to purchase the subject property conditional upon securing the re- quested relief. Attorney for applicant: Matt w S. Parker Arthur I. Reade, Jr., 168 Milk Street, signature of applicant_ Boston, Massachusetts 02109 (423 -4800) Arthur I. Reade, Jr. ATTACH: (1) A list of the names and addresses of each abutting owner. and owner abutting the abutters. ;O� DD. of (2) Check in the amount of made payable to the Town of (c�f'iC5 '1 Nantucket. �.� (3) Map or plan showing.the location of the property to be considered. (4) If the applicant is other than the owner, please indicate yotir authority to make this application. BOARD'S DECISION application submitted to Board GD(2i4 ^.clvertising dates Ilearing date Decision of Board ___ __ Decision filed with the Town Clerk _ _ _ Statement of Applicant, Matthew S. Parker, Regarding Application for Zoning Relief; 9 Sea Street, Assessor's Parcel 42.4.2 -52.2 The parcel which is the subject of this application is a par- cel of vacant land shown as Lot 3 on a plan by Josiah S. Barrett, Registered Land Surveyor, dated August 24, 1978, recorded with Nan- tucket Deeds in Plan Book 20, Page 45, and contains about 5,033 square feet, according to said plan. The premises are zoned as Residential - Commercial, and transient residential facilities are permitted under the zoning by -law. The applicant intends to construct a structure to contain and be used as a guest house with 14 units. Under the by -law, Section 6B, the number of required parking spaces is three spaces plus one space for each rental unit over two; this would require fifteen park- ing spaces. The premises are not large enough to accommodate the proposed structure and fifteen parking spaces. Under Article 10 of the Nantucket Town Meeting of April 3 and 4, 1984, the Town voted to amend Section 6B to reduce the number of parking spaces required for lodging houses within the Core and Resi- dent Parking Permit District (where the premises are located) to three spaces plus one space for each three rental units over two. This would have required seven parking spaces. The applicant en- tered into an agreement to purchase the premises and made plans based upon this zoning by -law change. However, the Attorney General disapproved the action taken under Article 10 by reason of the il- legality of a different portion of the article, namely the provi- sion for payments to be made for granting of certain parking relief. -1- Because of the applicant's having proceeded in good faith and expended time and money in reliance upon the Town Meeting action, which would not have been disapproved except for illegality of un- related action taken under the same article, application is made for a variance from Section 6B to permit the applicant to construct and occupy a 14 -unit lodging house upon provision of seven off - street parking spaces upon the premises, all of such parking spaces and use to conform to the requirements of the by -law. APPLICANT: Matthew S. Parker 400 Narragansett Parkway Warwick, Rhode Island 02888 Please send all correspondence to Applicant's attorney: Arthur I. Reade, Jr. Satran Reade & Marino 168 Milk Street Boston, Massachusetts 02109 Telephone: (617) 423 -4800 (617) 228 -3128 -2-