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HomeMy WebLinkAbout007-85`b 0 A R D NAN'I'U-CX,E V OF N! NTU CK --j 4 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 !� NANTUCKET tr NIifOM CAL A330 GIATION O 0: 3 r IANTUCKET 1TWELL ATION srRSer IUCKET NITCK" ICUITION 163 0 �y A STREETi A9i0u�TIOM M 06 109 15S I!2 W W 2 O a a c� �a �P 0' r is .. L1K It t 14 1 *11 N 9D 110 \WANTUC 9y �9y 44 16 g