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HomeMy WebLinkAbout106-85__ ___ _ o ��i -= �✓ .� =y .+_ice � � -_� NANTUCKET, MA.SSACHUSE'S 02_ December 19, 1985 Re: FRED M. DELLORFANO, JR. ET AL, TRUSTEES OWNER: ARLENE M. CEJRISTMAN (106 -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. 4-p��CK_� � S S�j -e_ William R. Sherman, Chairman BOARD OF APPEALS BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: In the matter of the Application of FRED M. DELLORFANO, JR. ET AL, TRUSTEES (OWNER: ARLENE M. CHRISTMAN) (106 -85) at a meeting of the BOARD OF APPEALS held at 1:30 p.m. on FRIDAY, DECEMBER 13, 1985 in the Town and County Building, Nantucket, the Board enters the following Decision and makes the following findings: 1. Applicant Trustees with consent and concurrence of the Owner seek the following: - a VARIANCE from SECTION 139 -18 to allow 9 off - street parking spaces along Washington Street Extension without screening, and - a SPECIAL PERMIT under SECTION 139 -33 to extend or alter a prior non - conforming use (nine Christman cottages or dwelling units). The premises are located at 80 WASHINGTON STREET EXTENSION, Assessor's Map 42.2.3 -21, Parcel 20, Lot No. 11 of Plan 8254 -D in the RESIDENTIAL - COMMERCIAL zoning district. 2. No issue was raised nor finding made whether Applicants' pro- posal constitutes a Major Commercial Development ( "MCD ") as defined in amended Section 139 -9 B(4)(a). Neither the Application papers nor drawings nor testimony and representations received at the hearing appear suffi- cient to resolve the question of jurisdiction between this Board (if not an MCD) and the Planning Board (if an MCD). Applicants, when asked what were the existing and proposed floor areas, simply responded through their architect that floor area would be approximately doubled. Arguably one can find scaling off from the drawings offered at the December 13th hearing, not done at the hearing nor prior to our decision, that more than 3000 SF of ground cover is proposed. Applicants resisted our suggestion that-one or more units be limited to a single story but we could only infer the floor area of any second and third floors. Similarly, no determination was made whether or not the proposal constitutes transient residential facili- ties with 10 or more guest rooms. Clearly there are more than 10 rooms but not so clear is whether a motel is proposed (kitchens may be associ- ated with each unit) or lodging o=,.-guest houses (which depends on excess (106 -85) -2- over 4 of non - kindred to whom let) or, simply, duplex and row -type multi- family housing, hence, non - commercial. Since we have proceeded to decision, the question must be left to any appeal, with our jurisdiction assumed. 3. Applicants' original proposal was elaborated by three sheets of drawings, site plan and elevations. Only a schematic site plan of the existing cottages was offered. The latter shows two singles, one at each of the easterly lot corners visable from the Harbor. Between them is a duplex. Along Washington Street adjacent the west lot line is a 5-unit structure. We are told that each of these buildings pre -dated zoning, each unit had a kitchen and bath, six with two bedrooms offering lawful occupancy for four, (i.e. 24) and three with a single bedroom, thus 6 more for a toTal occupancy of 30. Typically, occupants were youths and young adults without automobiles. Now (and likely then) the units were of cheap 1960's construction, now characterized as "eyesores ". Applicants propose an otherwise commendable and expensive upgrading to enhance this valuable shoreline property. 4. Applicants', original proposal would meet the By -Law requirements I of one off - street parking space, per dwelling unit (Section 130 -181), assuming no office space on the site greater than 100 SF. (3 Units are for use of manager /trustees or principals in the development.) However, no provision was made for screening to comply with Section 139 -18F; instead, a variance is asked. In the site plan, marked "A" for identification, developed at the Planning Board's request, an alternative layout would group five parking spaces immediately off Washington Street and four at the interior of the site. Applicants prefer their initial proposal in preserving the amenity of a central common area, e.g., for a pool, an area presently existing. They prefer that unit #1 not be adjacent Washing- ton Street but apparently agree that parking-provisions would be more optimum. Alternative layout "B" would simply distance the 9 -space row of their initial proposal away from the street sufficiantly to allow screen- ing on either side of a central entry /exit. Applicants want the full nine spaces; similarly, they were unwilling to reduce the number of proposed dwelling units or their number of floors or floor area. (106 -85) -3- 5. One neighbor addressing the question of parking per Applicants' initial proposal noted risk of accidents where parked autos would back out into Washington Street. Cousel for the owner urged we condition relief on requiring autos to be parked facing out for safer egress. Immediately across from the proposed parking area is the new Elder Affairs Center with parking lot entry and exit to the right and left of Applicants' in Alternatives "A" and "B ". Elders also are known to use Washington Street as pedestrians. 6. Traffic on that street is found to be increasing with prospects of added bike path traffic, possible one -way traffic including heavy trucks and insufficient width (about 16 -18') for on- street parking with present two -way traffic. 7. Section 139 -33 provides for alteration or extension by Special Permit but not the demolition and reconstruction proposed by Applicants. Counsel for Applicants alluded to case law allowing reconstruction unless expressly barred by a "sunset" by -law, without citation. 8. No variance was requested to replace the two present "single - family dwellings" or cottages with multifamily row housing. Even duplexes are not permitted in this R -C District and row housing is nowhere permit- ted unless under the carefully articulated conditions of Section 139 -7B applicable to cluster developments but not to this single lot site. Appli- cants have presented no proper reason for such major increase in non- conformity beyond an understandable desire to maximize return from their investment. They expressly declined our suggestion that single units be replaced by the same,generally at the same corner locations. 9. While the adverse aesthetic impact of Applicants' proposal was discussed, we clearly stated this not to be a zoning factor appropriate to our decision. Neither Applicants nor their Nantucket Harborside Realty Trust have yet presented their proposal to the Historic District Commis- sion. We did, however, question whether Applicants would consider limiting some units to a single -story to replace the impact of the proposed two- fold scaling up of floor area and were told, no. (106 -85) -4- 10. Finding that Applicants, with apparent concurrence of the owner, are inflexible in proposing a twofold expansion of this non - conforming use (20 percent increase in occupancy) and increasing the non - conformity by going to row housing, with potentially unsafe auto egress, we are un- able to find a permissible alteration or extension. The proposal would clearly be substantially more detrimental to the neighborhood than the existing non - conforming use. We are not persuaded on this record that Applicants' proposed demolition of the existing structures and reconstruc- tion with much larger and differently sited structures is allowable in any case under the By -Law and enabling statute M.G.L. Ch. 40A, Section 6. No proper grounds for variance relief was offered. 11. Accordingly, upon motion to grant to Applicants the requested relief, members Sherman and Vollans of the Board voted in the negative. Accordingly, relief is in all respects DENIED. Dated: December 19, 1985 Nantucket, MA 02554 William R. Sherman )Ilaze�� Dorothy D. Vollans NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, DECEMBER 13, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREET, NANTUCKET, on the Application of FRED M. DELLORFANO, JR. ET AL, TRUSTEES (OWNER: ARLENE M. CHRISTMAN) (106 -85), seeking a VARIANCE with respect to Zoning By -Law code SECTION 139 -16 to allow construction of a wooden walkway inwardly of the harbor bulkhead in the rear -yard set back as part of demolishing the 9 Christman cottages, to be resited and reconstructed, also SECTION 139 -18 (parking and screening require- ments) to allow nine spaces along Washington Street, together with a SPECIAL PERMIT under SECTION 139 -33 to expand or alter the existing non - conforming use or structure. The property is located at 80 WASHINGTON STREET, LOT 11, LAND COURT PLAT: 8254 -D, ASSESSOR'S PARCEL 42.2.3 -21 and zoned RESIDENTIAL - COMMERCIAL. 6 r William R. Sherman, Chairman BOARD OF APPEALS . W, 9� f-- SO , 1j NO'T'ICE A Public Hearing of the BOARD OF APPEALS will be held on Friday, %10&&4" W Zl., 1985, at 1:30 P.M., in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of FRED M. DELLORFANO, JR. et al, Trustees (Owner: ARLENE M. CHRISTMAN) ( /a 6 -85) , seeking a SPECIAL PERMIT under Nantucket Code 139 -33 (Expansion or Alteration of Nonconforming Use or Structure), and a VARIANCE Under 139 -16.0 (Intensity Regulations - Side Line Setback) and 139 -18.F (Parking - Screening). If granted, the applicants would be permitted to demolish nine dwelling units now existing upon the subject premises and to reconstruct nine dwelling units in new buildings. The premises are located at 80 WASHINGTON STREET (Lot 11, Land Court Plan 8254 -D) , Assessor's Parcel 42.2.3 -20, and are zoned RESIDENTIAL - COMMERCIAL. Q �Qws Al 1 � ri C\ � William R. Sherman, Chairman BOARD OF APPEALS FEE $100.00 Case No.� APPLICA710IJ TO T1+6' BOARD OF ArOEALS Nantucket, Massachusetts To the Members of the Board 06 A ppeals: The undersigned hereby apeties for relief from the terms of the (ZONING BY -LAW) (B()ILDTN6 CODE) on Property described below: Location of Property_80 _Washingto re t (42.2.3-201 Lot No. 11 _..__ f Ian No. 8254 -D District is zoned for Residential- Commercia Type of structure (Existing or Proposed) or Proposed use :Cottages (existing) Owner's Name s) owner's Address c/o Arthur I. Reade, Jr., Post Office Box 2774, Nantucket, MA 02584 When did you acquire this property? Under agreement at present time. 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 requeptea: Nantucket Code, Section 139-16.0 (Intensity Regulations -Side Line Setback; Section Reason for asking relief: 139 -18.F (Parking-Screening); Section 139 -33 (Extension or Alteration of Prior Nonconforming Use) See attached statement. Signature of applicant FRED M. DELLORFANO, JR., TRUSTEE By • - ATTACH: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters, and owners within 300 feet. (2) A check in the amount of $100.00 made payable to the Town of Nantucket. (3) Four copies of the application and a map or plan showing the location of the property to be considered. (4) If the applicant is other than the owner, please indicate your authority to make this application. BOARD'S DECISION Application submitted Advertising dates Hearing date(s) Decision of Board to Board Decision filed with the Town Clerk Application of Fred M. Dellorfano, Jr., Trustee 80 Washington Street (42.2.3 -20) Arlene M. Christman, Owner The premises consist of a lot containing about 13,000 square feet, which contains cottages used for rental purposes, with a total of nine dwelling units. The applicants desire to demolish the existing structures and to replace them with new buildings, also containing nine dwelling units. Relief is requested as to the following matters: 1. The applicants request a special permit under Section 139 -33 for the alteration or extension (by demolition and recon- struction) of buildings containing the same number of dwelling units as the present structures. 2. The applicants request a variance from Section 139 -16.0 from the 5 -foot side line setback requirement, in order to construct a wooden walkway near the existing bulkhead. 3. The applicants request a variance from Section 139 -18 as to screening and related requirements for parking spaces. At the present time, no parking is provided upon the premises. The applicants intend to provide the full complement of nine required parking spaces, but request relief to enable the parking spaces to be so arranged as to be directly served with access to the adjacent public street. TOWN OF 11PNVICKET List of Parti °s in interest in the matter of the Petition of: Name: Arlene M Christman (Applicants: Fred M. nellnrfann. Jr., et al, Trustees) Address:c /o Arthur I Reade, Jr., Attorney, P.O. Box 2774, Nantucket, MA 02584 iroperty Address: 80 Washington 2treet (42.2.3-20) See attached lists /J G Fr- 1 certify the foregoing is a list of persons %.Yho are owners of land abutting the property and owners of land directly opposite the Property nn any street or way, and owners of land within 300 feet of the proper +, all as they appear on the most recent applicable TAX list. '4�f� L�C� Datn �' Assessor ° Town of Nantdcbcet i LIST OF PARTIES IN INTEREST (Application of Fred M. Dellorfano, Jr., et al, Trustees) Josephine H. Ingall 66 Washington Street Nantucket, Massachusetts 02554 Ormonde F. Ingall 68 Washington Street Nantucket, Massachusetts 02554 Arlene B. Christman 77 Washington Street P.O. Box 1447 Nantucket, Massachusetts 02554 Nisso T. Aladjem 160 Commonwealth Ave., Apt. 702 Boston, Massachusetts 02116 Town of Nantucket Nantucket, Massachusetts 02554 Nautican Realty Co., Inc. P.O. Box 29 Nantucket, Massachusetts 02554 Florence E. Taylor c/o Florence Clifford 16 Driftwood Lane Weston, Massachusetts 02193 Chester L. & Delores L. Arnold 14 Bowdoin Avenue Dorchester, Massachusetts 02121 Allen W. Holdgate, Sr. 59 Washington Street Nantucket, Massachusetts 02554 NISDA Wauwinet Road Nantucket, Massachusetts 02554 William J. & Florence Dickson 7 Eastlake Place Middletown, Connecticut 06457 David J. & Linda A. Maleski 853 Kings Ct. N.E. Atlanta, Georgia 30306 (42.2.3 - 14) (42.2.3 - 15) (42.2.3 - 16, 20, 42, 45) (42.2.3 - 17, 18) (42.2.3 - 19, 23, 24, 25) (42.2.3 - 21; 55.1.4 - 6, 7, 8) (42.2.3 - 22) (42.2.3 - 26) (42.2.3 - 40) (42.2.3 - 41) (42.2.3 - 43) (55.1.4 - 3) Page 1 of 22 ;,;;V— William B. Kohlhepp (55.1.4 - 2) 191 Grove Street Rutland, Vermont 05701 Lynne F. Berlyn (55.1.4 - 4) 1 Oak Hill Road Worcester, Massachusetts 01609 C. Robert Perrin (55.1.4 - 5) 91 Washington Street Nantucket, Massachusetts 02554 Winthrop F. & Catherine Ellis (55.1.4 - 32) c/o Nancy A. Walsh 14 Atlantic Avenue Nantucket, Massachusetts 02554 Michael Bellardo (55.1.4 - 33) Martin J. Buglisi P.O. Box 688 56 Union Street Nantucket, Massachusetts 02554 Nantucket Center for Elder Affairs (55.1.4 - 34, 35) 8 Salt Marsh Way Nantucket, Massachusetts 02554 Florence E. Taylor, Trustee (55.1.4 - 36) Driftwood 76 Trust 16 Driftwood Lane Weston, Massachusetts 02193 Russell M. & Gwendolyn W. Guild (55.1.4 - 81) P.O. 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