HomeMy WebLinkAbout007-85`b 0 A R D
NAN'I'U-CX,E V
OF N! NTU CK
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January 24, 1986
Re: DANIEL F. NUGENT, JR. AS TRUSTEE OF MILK STREET
REALTY TRUST (007-86)
f�-,nclosed, please find notice of a decision of the BOARD
01,' APPEALS which has this day been filed with the Town
Clerk.
Anv -11) pe,,jj from - I this action shall be made pursuant to
Section 17 of ChaT-)ter 40A of the Ge-,-ierai Laws, and shall
I)e f i led within twenty (20) days after this date.
William R. Sherman, Chairman
OF APP11--,\'-S
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISION:
At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, JANUARY
107 1986 at 1:30 p.m. in the Town and County Building, Nantucket, in the
matter of the Application of DANIEL F. NUGENT, JR. AS TRUSTEE OF MILK
STREET REALTY TRUST (007 -86), address c/o Roffman, 822 Boylston Street,
Chestnut Hi_11, MA 02267, the Board enters the following Decision and makes
the following findings:
1. Applicant seeks a SPECIAL PERMIT under SECTION 139 -33 to alter
and extend an existing non - conforming 3- apartment use and structure by
adding a fourth apartment in conjunction with interior renovation.-the
premises are located at 5 MILK STREET, Assessor's Map 42.33, Parcel 175.
2. Based upon the Application papers, viewings, letters, testimony
and representations, we find that the principal structure was, prior to
Applicant's early 1985 acquisition, used by its predecessor Hutchinson
for 3 -unit summer rentals. Apparently such prior use pre -dated Zoning,
according to neighbors' testimony, without notable adverse impact upon the
nei_4hhorhood. However, no clear provision was made for off- street parking
although adequate unpaved open space is available in the backyard with
access only from very narrow Vestal Street. No parking is allowed along
that stretch of Vestal Street.
3. According to Applicant's agent, builder Sage Faris, extensive
interior renovation is planned for summer 1986 to convert from the present
5 bedrooms constituting the 3 summer rental units into 3 or 4 bedrooms
associated with a like number of year -round condominium apartments to be
sold off after_ renovation is completed. The only exterior changes planned
-ire demolition of a rear -yard cottage,provision of 4 parking spaces in a
row immediately off Vestal Street. No site plan nor floor plans were offered.
the off - street parking being illustrated on a black board. Applicant did
proffer an Assessor's dat& card dimensioned as to footprint of the principal
structure.
4. In any event, Applicant: proposes to provide the required number of
parktn4 spaces, 3 or 4, depending on the outcome here. The arrangement of
these at rinht angles off Vestal Street was criticized, especially on be-
half of the Mr_ia Mitchell Association directly across Vestal. The narrow -
ness of Vestal is such that backing out from that locus has been the occa-
sion for damage to the Association fence this past summer.
i. Extensive objection was raised focused on misbehavior of Appli-
cant's unsupervised young tenants .last summer, an off-island construction
crew. Although the proposed condominiums would arguably be occupied by a
less boisterous class of persons, no legal assurances can be offered abut -
tors that the premises, increased to 4 units, will not again be let out to
Larje numbers with consequent deleterious increase in noise, traffic and on-
street parking, proper and improper.
h. This neighborhood in the Residential - Old- Pistoric District is
Kr &ely comprised of single- family residences. Any multifamily units are a
result of pre - dating enactment of Zoning in 1972. The Association at the
corner of Ni_Lk and Vestal provides a family- oriented museum and nature study
n nLer. Neinhhors perceive that an increase in Zoning non- conformity by
ypl icant's addition of a fourth unit will depress nearby property values.
,,:o suhstantia_ grounds were advanced for Applicant that a fourth unit would
1,e henefi_ci_at in some respect. Suggested benefits were increased tax base,
ve,,ir -round rise, and paved off- street parking area.
7. Ue are unable to find that Applicant's proposed intensification
ok Ilse and alteration of structure are not substantially more detrimentat
to the 11ei hhorhood than those now existing. Nor are we able to find that
these proposats in preparation for conversion to condominium use are in
hrirmonv with the ; ener_al_ purpose and intent of the zoning chapter. No con -
dM ons were proposed which would assure such harmony.
W. Accordingly, upon motion made and seconded to grant the requested
rul icf , the Board voted UNANIMOUSLY in the NWATLVI. Relief is thus DENIED.
l lei Ced : January 24, 1986
N,,lntucket, MA 02554
William R. Sherman
" /CCC
Cpl
Dorothy D. Vollans
C. Ma shall Beale
�J
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held on
FRIDAY, JANUARY 10, 1986 at 1:30 p.m. in the TOWN AND COUNTY
BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application
of DANIEL F. NUGENT, JR. AS TRUSTEE OF MILK STREET REALTY TRUST
(007 -86) seeking a SPECIAL PERMIT under Zoning By -Law SECTION
139 -33 to extend and alter an existing non - conforming 3- apartment
use byadding a fourth apartment with interior renovation. The
premises are located at S MILK STREET, PARCEL 42.33, ASSESSOR'S
MAP 175 and zoned RESIDENTIAL -OLD- HISTORIC.
2_O` 1.
William R. Sherman, Chairman
BOARD OF APPEALS
AB -1
FEE $100.00
Case No.
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- LASJ)(BUILDING CODE) on property described below:
Location of Property 5 Milk Street, Nantucket, MA
b =3xiNa.Parcel No. 42.33 iNb(=xtkx. Map No. 175
District is zoned for Residential
Type of structure (Existing or Proposed) or proposed use:-Apartments____
Owner's 'Jame Daniel F. Nugent, Jr., Trustee of Milk Street Trust
,)wner's Address c/o Roffman, 822 Boylston Street, Chestnut Hill, MA 02267___ _
When did � -ou acquire this property? 1gg5
ilas application been filed at Building Department? No
Has any previous appeal been made? No
: >ecti.)n of By -I,aw or Code from which relief is requested:__
::c,tt,an for asking relief: Applicant wishes to renovate and rearrange interior layout
of building at 5 Milk Street. The building at present contains three a artments and
app icant wishes_to add a fourth apartment and this constitutes an expansion of a non -
conLo=ine u8e_S.e_(p' ring a special armit from the Rnard of Appeals-
Siqnature of applicant
By "Theiirr Attorney,
RICHARi; J. GLIDDEN
Glidden & Glidden, P.C.
: +TT „ill: (1) A list of the names and addresses of each abutting c)-Iner
and owner abutting the abutters.
(2) A check in the amount of $100.00 made payable to the Town
of Nantucket.
(3) Four copies of the applicatio and a map or plan showing
the location of the property to be considered.
(a) If the applicant is other than the o4mer, please indicr,te
your authority to make this application.
BOARD'S DECISION
:Application submitted to Board
Advertising dates
Hearing dates)
Decision of Board
Decision filed with the Town Clerk
CF n! 17 U K L T
.oard of Appeals
..... -. ... ...li•S 1. ^• .. ?;r!'C•:i( it) the CI12'.t('r U( the pClitlGn Gf:
Daniel F. Nugent, Jr., Trustee of Milk Street Trust
Roffman 822 Bo Aston Street, Chestnut Hill, Mass. 02267
..r,,�:.1•r� .....Ire F,9
42.33
Nantuckett_MA_ 02554
ABUTTERS LIST
176 Catherine M.
3 Milk Street
Nantucket, MA
177 Barbara B. Baisley
c/o Harley Griffiths
530 Longwood Avenue
Glencoe, Ill. 60022
178 Franco Mensini
108 Main Street
Nantucket, MA. 02554
147 Jane F. $ Sandra Gutherie
968 Weed St.
New Canaan, Ct.
104 David $ Carol Webster
112 Main Street
Nantucket, MA.
144 Walter $ Eleanor H.Lucas
5 Vestal Street
Nantucket, MA.
130 Edith S. Lynch
9 Milk Street
Nantucket, MA.
84 Edwin Zschau
7201 Millwood Road
Bethesda, MD. 20817
129 Mildred Flood
c/o Shawmut First Bank
127 State St. - Box 391
Springfield, MA. 01103
128 Lucy Allen Fowlkes
1040 Fifth Ave.
New York, New York 10028
164
Ellen J. Selden
12 Milk Street
Nantucket, MA.
163
Carroll T. Hughes,
Jr.
10 Milk Street
Nantucket, MA
181
Arthur $ Martha L.
Butler
4 Milk Street
Nantucket, MA. 02554
179
Thomas F. McAuley
Centre Street
Nantucket, MA
180
Arthur E. $ Martha
Butler
2 Milk Street
Nantucket, MA
182
Charles C. Coffin
Milk Street
Nantucket, MA
127
Lucy A. Fowlkes
1040 Fifth Avenue
New York, New York
159.1
Scott Follansbee
P.O. Box 398
No. Andover, MA.
01045
82
Ruth G. Soule
18 Wheeler Ave.
Fayetteville, NY
13066
Maria Mitchell Associatio:
Vestal St.
Nantucket, MA.
i f }' the IQrc�O:n; 15 a 1:si Of pers(:ns •r ho :,re owners o! 1al)c 217U!i:!! ,
-.nd o%vners of iand directly c.;pp.oSi:c :he property on any street o'r w,
ov:.:ers of land within 3030 feet of the prop_r;y, r l as they appear on the
i�cent applicable TAX list.
/ Y 5 OFJ
i
TNwn of lar1tucket
Daniel F. Nugent, Jr.., Trustee of Milk Street Trust
c/o Roffman, 822 Boylston Street, Chestnut Hill, MA. 02267
Property Address - 5 Milk Street, Nantucket, MA.
ABUTTERS LIST - Page 2
42.33
085 Richard & Barbara Nager
110 Riverside Dr. 14 A
New York, New York 10024
086 Ernest B. and Chaille W. Latham
45 Pride's Vrossing
New Canaan, Connecticut 06840
087 William Lee Wiley
RD 1
Chadels Ford, PA. 19317
167 Trina L. Ceely
6 Green Lane
Nantucket, MA. 02554
184 Thomas $ Llewellyn Gleaves Rhodes
Rosebank River Lane
Richmond Surry
England TW 10 7 AG 00000
159 William S. & Nancy F. Christopher
Fisher J. K. & I.Y. Trs.
327 West Road
New Canaan, Ct. 06840
105 Russell W. & Miriam N. Baker
828 Greenwich Street
New York, New York 10014
148 Helen Sibley Mertens
721 Cook Hill Road
Cheshire, Ct. 06410
150 William W. & Ruth A. Drake
813 11th Street
Manhattan Beach, California 90266
151 Richard A. & May Alice Donnellan
107 Main Street
Nantucket, MA. 02554
152 Charles A. Kilvert
21 Barnes Street
Providence, R.I.. 0290.6
33.3 Harrison Fraker $ Marjorie Fraker
2 New Mill Street
Nantucket, MA. 02554
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