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HomeMy WebLinkAbout105-850 NA"'01"4- TT'CKET. N,1.A�SSAQH- tjSE`i.I S 0154 -- December 9, 1985 Re: SAMUEL BAILEY, JR. ON HIS BEHALF AND FOR THE ESTATE OF FLORENCE FRANCIS (105 -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 thi � action =hall -)e rude pursuant to Section 17 of Chapte -7- 4"0A of thE- Gen ,ral Laws, and shall be filed ,:ithin twenty (20) d --ivs `after this date. � c William R. Sherman, Chairman OF APPEALS 1. Applicant seeks a SPECIAL PERMIT under Zoning Code SECTION 139 -33 to alter and extend a pre- existing, non - conforming use and struc- ture and under SECTION 139 -18 G for relief from any added parking require- ments. The property is located at 31 INDIA STREET, Lot 135 of Plan 4234, in the RESIDENTIAL -OLD- HISTORIC zoning district. 2. Our findings are based upon the Application papers, viewings, correspondence, plans, testimony and representations offered at our hearing. It appears that Applicant represents the estate of Florence D. Francis who, for many years, ably conducted a rooming house ('Flossies') catering to large numbers of young people needing summer accommodations. Upon her demise, the estate entered a purchase and sale agreement with parties intending conversion of the roominghouse into a first class guest house, now consumated. 3. As originally presented September 17 and completed September 24, 1985, the Application called for an increase to 10 rental units from the 6 units for which Mrs. Francis was licensed. The Application was returned and informal note made to Applicant of the 4/85 ATM amendment to the definition of Major Commercial Development ("MCD"), see §189 -9 B (4)(a) to embrace: (8) Transient residential facilities with ten (10) or more west rooms. ,applicant's cou`sel on October 9, 1985 .-rote the Building Inspector's f office ar,uinx that the size of the structure was not bein increased, they merely intended to do interior. work. The need for a Special Permit i (105 -55) -2- was acknowledged. No reply is of record. Although we had explained that Section 139 -9 B (4)(b) vested the exclusive jurisdiction for MCD Special Permits in the Planning Board, the Application was submitted again on October 31, 1985, and we set it down for our hearing of November 22, 1985. 4. At that hearing, no claim of 'grandfathering' as to MCD juris- diction was made, e.g., under the last paragraph of Section 139 -9 B (4) (a) (concerning which, Town Counsel's opinion is currently being sought in another case). Instead, relief sought was reduced by Applicant's counsel to 9 rental units. 5. For Applicant, testimony was received as to the 7 years ex- perience of buyers, running the Stumble Inn guest house on Lower Orange Street without adverse incident. A quiet and older clientele was anti- cipated for the proposed guest house, unlikely to disturb neighbors. The Building Inspector affirmed the reasonableness of these expectations, speaking of guest house operations generally. His suggestion of 'in- house' laundering facilities to minimize service traffic was adopted. Buyers plan to operate with only one employee, and to use the existing storage garage for their own vehicle. A sketch plan was offered showing provision of 2 rear -yard parking spaces off the driveway where none was before. The infrequency of guests bringing cars was argued. 6. Proposed plans of first, second and third floors accompanying the Application and first and second floor 'as- built' plans received at the hearing were marked to show replacement of one first -floor rental unit by an office (for which off - street parking may be required if not 'grandfathered') and layout of the two rear parking spaces. An owner/ manager's dwelling unit would be located to the rear of the proposed office ('grandfathered' as to parking requirements). 7. The added parking requirement in going from 6 up tp 9 rental units is only one off - street parking space. "Grandfathering" as to the remainder was not contraverted. Applicant argued that provision of two new off - street parking spaces for guests (plus actual use of the garage for manager) more than satisfied the parking requirements. Accordinzly, no relief by Special Permit under Section 139 -18 G is needed and no vote taken. (105 -85) -3- 8. Opposing Applicant were some 17 letters from nei;hbors, most on India Street, some behind on Hussey Street, plus testimonu of nei:>.hbors. Concern was expressed primarily about oi:f- street parki7:,, also increase in traffic and noise and further commercialization of a beautiful, old historic residential street. With commercial uses adjoining Centre Street, the Hospital Thrift Shop at 17 India Street and the India House at No. 37 encroaching commercialization -is a perceived threat. India Street is the principal black - topped street into the Town core for traffic from the west, via Gardner or North Liberty. For ready passage of a single lane of traffic parked cars must straddle the sidewalk curbing on the south side, with none parked on the north. the prior rooming house use involved young people without cars, in contrast to the proposed use. 9. In response, Applicant notes their compliance with the off - street parking requirements, their guest house record of non -noisy opera- tion, also the buyers' commitment to upgrade what is likely the last house on the block requiring such extensive improvement. To project a return on the necessarily large investment, more than 6 rental units must be sought. 10. The Planning Board's recommendation for 10 units was unfavora- ble unless Applicant provided the required parking spaces (as they pro- pose to do). 11. It appearing that a favorable vote on the Section 139 -33 Spe- cial Permit would not be obtained for more than 6 rental units, relief for 6 was taken up. "Rental units" is nowhere defined in the zoning chapter nor is "guest rooms ". For purposes of relief here, Applicant would be restricted to 6 rental units, each having only one bedroom and no more than one bathroom, otherwise permissably arranged as suites with "sitting" or "living" rooms not separately counting as "guest rooms ". 12. ��7ith the limitation to 6 "rental units ", we find that the pro - posed change in use and structural alterations are not substantially more detrimentzxl to tiie neighborhood than the pre - existing non- conformin- use. The proposed use and structure are in harmony with the general pur- pose and intent of the zoning, chapter. r r •, . (105 -85) - +- 13. Upon motion to GRANT relief li:�ited to 6 "rental units ", the Board voted UNANIMOUSLY to issue to Applicant a SPLCIAL PER"111 under Section 139 -33 to alter the pre- existing non - conforming use as a rooming house to become a guest house and to make the corresponding structural alterations without increased non - conformity in the pre- existing non- conforming distances and without overall enlargement of the building. Dated: December 9, 1985 Nantucket, MA 02554 William R. Sherman Dorothy D. Vollans C. Marshall Beale 0 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, NOVEMBER 22, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of SAMUEL BAILEY, JR., ON HIS BEHALF AND FOR THE ESTATE OF FLORENCE FRANCIS (105 -85) seeking a SPECIAL PERMIT under Zoning By- Law SECTION 139 -33 (pre- existing non - conforming use /structure) and SECTION 139 -18G (parking regulations). If granted, the Applicant would be able to renovate an existing guest house and add L% rental units. Applicant also seeks relief from the parking re- quirements incured with such an addition of rental units. The property is located at 31 INDIA STREET, LOT 135, PLAN 4234 and zoned RESIDENTIAL OLD HISTORIC. C1� /L_ec a� William R. Sherman Chairman BOARD OF APPEALS AB -1 FEE Case No. 1- APPLICATION TO THE BOARD OF APPEALS Nantucket September 1985 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 ., 31 India St. Nantucket Mass 02554 Lot No. 135 Plan No. 4234 District a Zoned for Residential Old Historic Type of structure (Existing or Propobed) or proposed u ©e: Existing Owner'o Ntimo. Est. Florence D. Francis Owner's ;ddmoe 31 India St. Nantucket Mass 02554 When did you acquire this property? . Under Purchase & Sale Agreement Has application been filed at Building Department? Not as yet Has any previous appeal been made-? None Section of By -law or Code from which relief is requested: Sec. 139 -33 and Sec. 139 -18 Subsection G Reason for asking relief: Existing building has been used for many years as at rooming house and is licensed for six units, although evidence would indicate that it was more extensively used over the years. Applicant disires t-o renovate the total structure provide for ten first class renall units all i to operate as a first class operation catering to a much higher class of clientele. all in accordance with sketch plans attached hereto. amue Baile Signature of applicant ATTACH: (1) A lint of the names dresse i abutting owner and oilmer abuttintr the a s. (a) Check in tho amount of $50.00 made payable to the Town of Nantucket. (3) Map or plan ahowg the location of the property to be considered. i (4) If the applicant is other than the owner, please indicate your authority to make ;this application. BOARD'S DECISION Application submitted to Hoard I (� Advertising dates F Hearing date Decision of Board Decision filed with the Town his A "I'C-1-1.1-N OF NAI,:TUCFET `_oard of Appeals ':[ parties in intcrest in the i-natter of the petition of: Bailey. ..Jr. Robinson _L_Cole ,One Commercial Plaza Hartford Connecticut 06103 np d r v 31 India Street, Nantucket, Massachusetts (see list attached hereto) � azlo_ _� /� (? the fort goin't i`; a 1151 of persc:ns who ;: I'e Owners of ILnci abut ,,-.;i;! the .ro,'er ty �.nd owners of 1.,.,nd directly opposi'c he property on any street or v. ::­J ov,,ners of land %vithin feet of the property, t11 as they appear on the r,;ost recent applicable TAX list. lii Septomh r A? - 1985- I ate �sseis_or_ Town of 'Nantucket i PARCEL NO. 129 130 131 $ 99 132 133 134 136 137 107 108 66 56, 57 F, 98 58 102 103 64 i 104 I 105 106 65 21 i 22 23 110 111 139 II 140 I 138 II 144 151 152 LIST OF ABUTTERS for 31 INDIA STREET NAME AND ADDRESS Ian H. McLeod, 236 Hyman St., London N6A1N5, Ontario, Canada r.les B. $ Robert L. Porter, 13 Oakbrook Rd., Ossining, 'ork 10562 Jam. & Michele F. Dangelo, 22 Brewster St., Newton Highl4 Massachusetts 02161 Charlotte. "ing, 14 Hussey St., Nantucket, MA 02554 Robert J. $ Miller, 12 Hussey St., Nantucket, MA Forrest S. Smit. I., Apt. 11D, 340 East 51st Street, New York, New Yor, 122 Florence D. Macomber. 99 East Avenue, No. 10, Rochester, New York 1, Mary Taylor Burton Stew& c/o Mrs. R. P. Stewart, 820 Ivy Ave., Cincinnati, io 45246 Rosamond M. Hall, c/o Rosemary M. Evans, Box 309, Pottersville, New Jersey 07979 ErnL,- L. Frank, c/o Phillip Bros., Inc., 12 Avenue of the Ameri.,s, New York, New York 10020 Shannon i. Kaye, 171 West 57th St., New York, NY 10019 Francis W. $ Mary C. Pease, 21 Hussey St., Nantucket, MA Ralph E. West, Jr., 308 West Springfield Ave., Chestnut Hill, Pennsylvania 19118 Esther G. Fox, 943 Coats Rd., Meadowbrook, PA 19046 Louise B. Chapin, 234 Touraine Rd., Grosse Point, Michigan 48236 G. Palmer Leroy, Cantitoe Rd., Bedford, New York 10506 Alfred Borneman, Trustee, 63 Cliff Rd., Nantucket, MA Edward & Rosalie Grennan, Box 957, Stowe, Vermont 05672 John S. Rugge, 46 Grove Ave., Glens Falls, New York 12801 Elizabeth Tyrer, 23 India St., Nantucket, MA Abigail R. Hawes, The Billows, 2601 Gulf Shore Boulevard, North Naples, Florida 33940 Benjamin S. & Virginia Richmond, 20 India St., Nantucket, MA Virginia S. Newhouse, 5218 Pine St., Belaire, Texas 77401 Melinda R. Potter, 43 Elm Lane, Bronxville, New York 1070E Mary Louise Kilgore, c/o Mary L. Beilman, Pretty Brook Rd. Princeton, New Jersey 08540 Adrienne A. Pope, 21 Liberty St., Nantucket, MA Sidney Tager $ Barbara Bernstein, 12 Stonewell Rd., Rockville Center, New York 11570 Robert & Aida Barrett, Bolton Rd., Harvard, MA 01451 Howard $ Rose Laundry, 25 Liberty St., Nantucket, MA Dennis Cross, 25 East 86th Street, New York, New York 10028 Norman J. $ Ann Asher, 5417 Falmouth Rd., Bethesda, Maryland 20816 /� v List of Abutters for 31 Ins i Street (continued) PARCEL N0. NAME AND ADDRESS 150 127 128 95 96 97 ( 155, 100 4 Leroy H. 4 Eleanor True, 38 India St., Nantucket, MA Frank H. 4 Constance Anderson, 5233 Partridge Lane, Washington, D. C. 20016 Charles Kesser, 217 Lincoln Ave., Barrington, Rhode Island 02806 Richard F. 4 Grace Coffin, Polpis Rd., Nantucket, MA Beatrice Lovell, 6 Vestal St., Nantucket, MA Phyllis K. Robinson, 435 East 52nd St., New York, New York 10022 Walter C. 4 Elsie Knott, 15 Hussey St., Nantucket, r1A Page 2 k r. R! 0-4 C6 w 0 0 w .0