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Home My WebLink About036-85,)�� 151A V-Ieww ATTORNEY AT LAW 4 BARTLETT ROAD P.O. BOX 2567 NANTUCKET, MASSACHUSETTS 02584 FAX (508) 228 -7526 IN HAND September 12, 2007 Linda Williams, Administrator Board of Appeals 2 Fairgrounds Road Nantucket, MA 02554 fitzgrld @nantucket.net RE: Application of Albert F. Egan File No. 036 -85 Property: 58 Old South Road, Nantucket, MA Map 68, Parcel 84 Dear Linda: TELEPHONE (508) 228 -7525 �cvo SEP 12 2007 I -o5� 1�n8 Please be advised that I represent Marine Lumber Company, Inc. the current owner of the above property. Per our telephone discussion several weeks ago I have checked the Building Department file, the Superior Court file and have been provided with copies from the Town Clerk's file regarding the above matter. It is my understanding that some time ago you released the Board of Appeals file to the Planning Board. I have requested that the Planning Board attempt to locate the file. I have enclosed four (4) sets of copies of the documents that I have obtained to date. Per the letter dated July 27, 1987 from Jonathan D. White, Esq. of Deutsch Williams, it appears that the parties were circulating the same Stipulation, but a signed copy was not filed with the Superior Court or Town Clerk. To resolve this matter it would make sense for the Board to refer the matter to Town Counsel so that we can work on obtaining a signed Stipulation. Very truly yours, Julie A. Fitzgerald Fitzgerald Enclosres cc: Catherine F. Stover, Town Clerk Wayne F. Holmes, Esq. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 June 7, 1985 Re: ALBERT F. EGAN (036 -85) 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. William R. Sherman, Chairman BOARD OF APPEALS h N T, Z BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, MAY 242 1985 at 1:30 pm. in the Town and County Building , Nantucket, rendered the following decision in the Application of ALBERT F. EGAN (036 -85) of Mill Hill, Nantucket, MA 02554. 1. Applicant seeks a SPECIAL PERMIT under SECTION 71 (codified as Section 139 -33) of the Zoning By -Law to expand a pre- existing non - conforming use by making structural changes to the interior and, on the exterior, ex- tending a fire - safety stairway from the second floor to ground level. The property is located at 58 OLD SOUTH ROAD, Lot No. 2, Land Court Plan 16514 -C and is zoned RESIDENTIAL - COMMERCIAL. If relief is granted, Applicant will be able, not only to resume use of two pre- existing second -floor apartments by meeting Code requirements for a.second exitway, but also will be able to put into use up to three existing apartment units in the basement for which off - street parking spaces are required. 2. At the request of Applicant's attorney, notice for our initial meeting May 3, 1985 on this matter also included request for relief by Variance or Special Permit under Section 5 (codified as Section 139 -16) with respect to side yard setback under the intensity regulations. By a proposed relocation of the exterior existing stairs to the rear of the building, the need for such relief was obviated and the request withdrawn at that meeting. 3. Under Section 6B (codified as Section 139 -18), "no building... shall be... enlarged or used unless the off - street parking space require- ments are provided... (A)nenlargement of any building shall require the provision of off - street parking for the existing building as if it were new- ly constructed." For Applicant, addition of the exterior exitway required for activating the pre- existing second -floor apartments was argued not to be a structural enlargement although the result would be an increase from 4 to 6 usable dwelling units. Absent any enlargement, the corresponding 6 parking spaces would be grandfathered. See proceedings in Chalecki v. Kala Corp., Civil Action No. 1980 in Superior Court, Nantucket Division, ,(036' -85) -2- validating status of the 6 units as pre- existing non - conforming uses, and our proceedings file no. 026 -81. (We are mindful also of Town Counsel's opinion letter of May 1, 1985 that we may in these proceedings, ignorethe injunction in that suit lying against Applicant upon his assuming the in- terest of Kala.) The prior uses have not been "abandoned." 4. Abuttors Valero and Rickard opposed any increase of units entail- ing our waiver of off - street parking. The former offered photographs and testimony that parking between the front of the building and the heavily - traveled paving of Old South Road would be unsafe and entail use of the public's roadside easement. The Planning Board recommended unfavorable ac- tion with existing parking in front that necessitates vehicles to be backed out onto Old South Road (but favoring construction of the stairway to serve the second -floor units). Counsel for abuttor Christman also opposed but for reasons at least partly mooted by relocation of the stairway from the Christman side lot line. 5. Applicant's response to parking concerns was an engineer's plan for 9 spaces, said to conform with the §139 -18C requirements of 9'x20' spaces and 15' aisle width for 45° parking in the from Additionally, the 5139 -18F screening requirements are satisfied in substance, considering paramount safety concerns, by an elongated paved island along side the road paving with low plantings and by marked entry and exit at either end. Back- ing onto Old South Road is thus avoided. While limited space leaves ques- tions about ease of manuevering in and out of the 9 spaces within the tight bounds of Applicant's property, this is not grounds for denying relief. 6. Board Member Vollans expressed doubt that the traffic island and front aisle could properly be located between Applicant's lot and the road paving, also general concern with the intensity of use even if limited to 7 units total. (Applicant's position is that 6 units are lawful and a building permit proper for the exit stairway- arguably conditioned on a 5139 -33 finding by the Building Inspector that, with improved parking pro- visions, any extension or alteration will not be substantially more detri- mental than the existing non - conforming use to the neighborhood.) Appli- cant's attorney was willing to accept our conditioning relief for 7 units on provisions of the island and aisle. •(036 -85). -3- 7. Upon motion made and seconded to grant relief for 7 units based on the engineer's plan, members Sherman and Williams voted in favor and Vollans against. Accordingly, relief is DENIED. Dated: June 7, 1985 Nantucket, MA 02554 William R. Sherman Dorothy D. Vollans Linda F. Williams q� NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, MAY 3, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of ALBERT F. EGAN, JR. (036 -85) seeking a SPECIAL PERMIT under SECTION 7I (expansion of a pre- existing non - conforming use), under SECTION 6A (parking requirements) and a VARIANCE or in the alternative a SPECIAL PERMIT under SECTION 5 (intensity regulations) of the Zoning By -Law. If granted, the Applicant would be allowed to in- crease the number of residential units from six(6) to nine(9) in an existing structure, intended for employee housing. Said expan- sion would entail addition of a stairway for access and egress to the units of the second floor, required by state fire and safety 7,odes. Said stairway would encroach on the area required for a set back. Applicant would provide nine(9) on -site parking spaces, six of which do not comply with Section 6A as -are pre- existing and non - conforming, and would continue the use of the six spaces, which are not screeened and require backing onto a public way. The threee(3) new parking spaces would comply with the parking requirements. The premises are located at 58 OLD SOUTH ROAD, LOT 2, LAND COURT PLAN 16514 -C and is zoned RESIDENTIAL - COMMERCIAL. Andrew J. Leddy Acting Chairman BOARD OF APPEALS APPLICATION TO THE BOARD OF t he b!i i s of the Board of Appeals uii,leisiqned hereby applies for (BUILDING CODE) on i_)ropert_,,, Case No. APPEALS Nantucket, Massachusetts ielief from the terra: -; of the described Lelow: IL i u i 1-toperty 58 Old South Road 2 Plan No. Land Court Plan 16514-C i ,.(_)ned for Residential Commercial )t t I ,ict.ure (Existing or Proposed) or pi-0[)OSOCI LIS(�:residential apartment _W;(1 Albert F. Egan, Jr. t .i I-it ess Mill Hill, Nantucket, MA -"i acquire this property? 1984 iii I itp-711 been filed at Building Department? No I :1,, cv ious appeal been made? No I i!i h% -- I,aw or Code from which relief is requested: k i n,j relief: Expansion of pro-exishin?g' Ion- conforming use by the renovation of the interior of the existing structure to increase the number of residential units from six to nine requires special permit relief pursuant to Section 71. The intended use is for employee- -ha.usin-g _-To meet -current _h_uj 1-di n(, __ f__ir_P_._an_d___s.a f P ty __c cid e Si,,,n�iture of applicant .1 names ind addi -)j each u fist o f the !1-1,1 owner abuttiiikj the abutter . A check in the amount of $iuO.00 madu payable to tl;c? I: ),,VII of Nantucket. I.'our copies of tto applicat ion and a wa,?.) or plar, sho'.•�in(j the location of tfie property to, be ronsi tiered . 1 If the applicant is other- than. the owner, please indiccite your authority to make thJ-IL; application. BOARD'S DECISION i,:,o i ii -tibmitted to Board ()I, C, jeka "i"I tes 1(,,! with the Town Clerk ;.)r two existing apartment units on the second floor the applicant must Add a stairway for access and egress. This exterior stairway will encroach upon the area required for a set back. The applicant seeks relief from ScCtion 5 Intensity Regulations, and seeks variance and/or or special permit i (.I ie.f iiiiter Sections 71 and 7H. The applicant shall provide nine on-site parking spaces, six of the ,il kiiicj spaces are pre-existing and non-c(-,)nforminq and do not. comply wi1 th :;tl(,t -Lon oA, Parking Requirements. The applicant seeks Special Permit relief colit tiiue the existing six spaces which are nc.)t screened arid require Tito a PLIblic w_-1y. Three now parking spaces for the additional units .I111ply willli tlho p`_-irkinq 3 SPACES -77 14 5pAcr5 TOWN OF NANTUCKET BOARD OF APPEALS Li.-,t of parties in int.E!rpst in the matter of the petition of N, i! Albert F. Egan, Jr. Mill Hill Nantucket MA 02554 1`t oi.ty Address 58 Old South Road _ -- 68/18/1 Donald W. & Gertrude Hol.dnate Old South Road, Nantucket, MA 02554 18.2 Lydle L. & Rowena E. Rickard 18.3 Polpis Road, Nantucket, MA 02554 82 Commonwealth of Massachusetts Old South Road, Nantucket, MA 02554 83 Arlene B. Christman Washington Street, Nantucket, MA 02554 85.1 Nantucket Collaborative c/o Gorovitz! Hurst, et al 24 Federal Street Boston, MA 02111 85.2 Warren G. Valero 85.3 Poverty Point Road Nantucket, MA 02554 156 Walter J. & Anne Glowacki 157 Old South Road 203 Nantucket, MA 02554 -,rrtify the foregoing is a list of persons who are owners of !and abutting the property and owners of land directly opposite the property on any street or way, and owners of land within 300 feet of the property, all as tlioy appear_ on the most recent :q 1,! icahlE tax list. TOwrn of ,lar,tu - et Y-- C) - LAW OFFICES HOLMES, HAYS & FITZGERALD 35 CENTER STREET NANTUCKET, MASS. 02554 .,SAY NF F H0, KI E 5 AREA CODE 617 'AM H. HAYS Ill 226-0052 :F a_ F, c- >F:RAI.D March 28, 1985 Mi, . I i 11 iam Sherman, Chairman Beard of Appeals Tc-lwri & County Building Broad Street Nantucket, MA 02554 RE: Application of Albert F. Egan 58 Old South Road De: -ir Mr. Sherman: Enclosed for filing please find: 1. Original Application and three (3) copies; 2. Certified Abutter's List and three (3) copies; 3. Four (4) copies of the site plan; 4. Check in the amount of $100.00. Would you kindly schedule this matter for hearing at the nt_A available date. Very truly yours, Julie A. Fitzgerald JAF sdb Enclosures cc: Mrs. Madelyn Perry, Town Clerk Edward F. Vaughan, Town Counsel e_cti�v Q � 7.1 ;F1.1 $100.00 Case No. APPLICATION TO THE 30ARD OF APPEALS Nantucket, Massachusetts 1) t he -11c., I m i s of the Board of Appeals: tiii icisigned hereby applies, for relief from the terms of the !"'%N) (BUILDING CODE) on property described 1.,elow: it 1 toperty 58 Old South Road 2 -in No. Land Court Plan 16514-C ci t i ,,cried for. Residential Commercial t ict Lire (Existing or Proposed) or py-oposed uso:residential apartment -Albert F. Egan, Jr. I ,A,iiess Mill Hill, Nantucket, MA 'ill "�! acquire this property? 1984 ipp' it ion been filed at Building Department-? in, < it,%,ic)Lis appeal been made? No No i,aw or Code from which relief is requested: relief: Expansion of pre-existing non-conforming use by the renovation of the interior of the existing structure to increase the nuiiiber of residential units from six to nine requires special permit relief pursuant to Section 71. The intended use is for cmp1(.)yee__h.Qus.i:ag___To meet safet-y--rodes Si(jnri t tire of applicant list of the narii(_',s ind addresses of each ;ibuttjno ol"Iner owner: abut: ilq th", abLitter!i. A check in the ariour i t, of 5100.00 payable to the .'rjVn of Nantucket. :'our copies of tl�.e application and a map or plan sl-iuwing the location of the property to be considered. ;4 Z the applicant i.,, other than the owner, please indicate -ike this application. -)-(ir authority to �,iL - 'I. BOARD'S DECISION ; 1 1 i; : t i ,,i ,u1;mi tted to Board L11-ites, with the Town Clork two existing apartment units on the second floor the applicant must Add i stairway for access and egress. This exterior, stairway will encroach 1.11-K)n the area required for a set back. The applicant seeks relief from section 5 Intensity Regulations, and seeks variance and/or or special permit I'('1 i(2f Wider Sections 71 and 711. The applicant shall provide nine on -site parking spaces, six of the t,.kinq spaces are pre-existing and non-conforming and do not comply with s;cction OA, Parking Requirements. The applicant seeks Special Permit relief cc'it 111110 they e:-i":` ing six spaces which are not screened and require backinf- i r >;ULA ic way. Throe new parking spaces for the additional units will ��,,ith the parking w�.'ruz u. Pawcw� T. 14 b 5PACE5 4LY6b- Z.5 TOWN OF NANTUCKET BOARD OF APPEALS L.i�;t of parties in inter(—;t. in the niat.ter of the petition of Albert F. Egan, Jr. Mill Hill, Nantucket MA 02554 i :2t ty Address 58 Old South Road 6R/18/1 Don,-11d W. & Gertrude Holdgate Old South Road, Nantucket, MA 02554 18.2 Lydle L. & Rowena E. Rickard 18.3 Polpis Road, Nantucket, MA 02554 82 Commonwealth of Massachusetts Old South Road, Nantucket, MA 02554 83 Arlene B. Christman Washington Street, Nantucket, MA 02554 85.1 Nantucket Collaborative c/o Gorovitz, Hurst, et al 24 Federal Street Boston, MA 02111 85.2 Warren G. Valero 85.3 Poverty Point Road Nantucket, MA 02554 156 Walter J. & Anne Glowacki 157 Old South Road 203 Nantucket, MA 02554 I certify the foregoing is a list of persons who are owners of !and abutting the property and owners of land directly opposite the property on any street or way, and owners of land within 300 feet of the property, all as they appear on the most recent Lipplicable tax list. I I o f I t e t