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Home My WebLink About106-88File No. hQ4o -92 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 December 16, 1988 (106 -88) To: Parties in interest and others Re: Decision in the Application of: NANTUCKET COTTAGE HOSPITAL Enclosed is the decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. An appeal from this decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the decision must be brought by filing a complaint in court within twenty (20) days after this date. Notice of the action with a copy of the complaint and certified copy of the decision must be given to the Town Clerk So as to be received within such twenty (20) bays. cc: Building Commissioner Planning Board `Down Clerk William R. Sherman, Chairman *0/ 1 "1 BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS at a public hearing held on FRIDAY, NOVEMBER 18, 1988, at 1:00 P.M. at the Town and County Building, Federal and Broad Streets, Nantucket, made the following Decision: upon the Application of NANTUCKET COTTAGE HOSPITAL (106 -88): 1. Applicant requests a VARIANCE from the requirements of the Nantucket Zoning By -law, Section 139- 8.A(3) to enable construction of dwellings containing two units on each of Lots 1 and 3 (as referred to below), with one unit in each dwelling accessed by a front door and the other unit accessed by a rear door, and also a SPECIAL PERMIT under Section 139 -18.E, to enable parking spaces serving Lots 2 and 3 to be located partly on each lot. The Premises are located at 17 WILLIAMS LANE, and 24 and 26 ATLANTIC AVENUE (Assessor's Parcels 55 -133, 55 -133.1 and 55- 133.2) , Flan Book 22, Page 73, Lots 1, 2 and 3, and are zoned as KESI DENT I AL- 1. 2. We find that the Applicant owns three adjacent lots, one of which is now improved with a dwelling. It proposes to ,onstruct structures containing two dwelling units each, upon each of the two vacant lots. One of these lots fronts on Atlantic .enue, and the other on Williams Lane. The Applicant's architect ooeared before us, with plans and elevations. The provision of Z common front door serving both units would not be feasible tecause of the shape and topography of the lot, the proposed layout of the apartments, and the need for privacy for the occupants of each unit, as presented to us by the Applicant and its architect. 3. Although the literal requirement of By -law Section 139- 8.A(3) requires access to be by way of a common front door, we believe that the purpose of this provision was to prevent design of structures with two separate front doors serving two units, thus rendering the duplex nature of the structure obvious to a passer -by. The By -law has no limitation on the number of doors that a structure may have, and, so long as there is more than one door on the front of the structure, two - family houses would be indistinguishable from a single - family house on the basis of the number of doors. 4. In laying out this site, in common ownership, the Applicant's architect has placed the proposed parking area for Lots 2 and 3 astride the property line. Technically, this runs afoul of the requirement of Section 139 -18.E that required off - street parking spaces be provided upon the lot which contains the use that they serve. However, a SPECIAL PERMIT may be granted by us, allowing the use of off - street Premises by lease, easement or ownership. We find that the layout of the lots and the design factors considered, together with the location of the existing structure on Lot 2 and the busy intersection at which the Premises are situated, results in the proposed parking layout being fully appropriate. So long as all lots remain in common ownership, one the requirements for outside parking is met; if Lots 2 and 3 ;;ere to be conveyed into separate ownership, a permanent parking -2- easement would become necessary, and we would require that such an easement be recorded prior to any conveyance of Lots 2 and 3 into separate ownership. 5. The relief hereby GRANTED is conditional upon construction of the proposed improvements substantially in accordance with the plans attached hereto as Exhibit A. Futhermore, we have requested, and strongly urge that the Applicant consult with the Traffic Safety Commission with regard to the placement of driveway entrances. We agree that the site plan may be modified in accordance with recommendations of the Traffic Safety Commission; without the need for any further relief from this Board. 5. Accordingly, we find that the design of the structures with separate front and rear entrances, one serving each unit, is justified, owing to circumstances relating to the shape and topography of the Premises and especially affecting the Premises but not generally the zoning district in which they are located, and the literal enforcement of the provision of the By -law would involve substantial hardship, financially and otherwise, to the Applicant. Accordingly, desired relief may be granted as requested without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose `-F the By -law. The SPECIAL PERMIT relief as to location of parking spaces is in harmony with the general purpose and intent the By -law. For these reasons, this Board by UNANIMOUS vote hereby grants e requested relief by VARIANCE and by SPECIAL PERMIT, as set -3- forth above, upon the conditions referred to he'(-,Lri' Dated: rn3n William R. She,, _ David J. Legge" C . Ma ha l Be Mi ha 1 J. O' ry ra� W. Waine -4- NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, NOVEMBER 18, 1988, at 1:60 P.M., in the TOWN AND COUNTRY BUILDING, FEDERAL and BROAD STREETS, NANTUCKET, on the application of NANTUCKET COTTAGE HOSPITAL (IC6-88), seeking a VARIANCE from By -law Section 139 -8.A (3) to enable construction of dwellings containing two units each on Lots 1 and 3, with one unit in each dwelling accessed by a front door, and the other unit accessed by a rear door, and also a SPECIAL PERMIT under Section 139 -18.E, to enable parking spaces serving Lots 2 and 3 to be located partly on each lot. The premises are located at 17 WILLIAMS LANE, and 24 and 26 ATLANTIC AVENUE (Assessor's Parcels 55 -133, 133.1, 133.2) , Plan Book 22, Page 73, Lots 1, 2 and 3, and are zoned as RESIDENTIAL -1. � r William R. Sherman, Chairman NANTUCKET BOARD OF APPEALS BOA Form 1 -87 APPLICATION' NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") N o la� U v Owner's name(s): Nantucket Cottage Hospital Mailing address: c/o Reade & Alger P.C., P.O. Box 2669 Nantucket, MA Applicant's name Mailing address: Location of lot(s): Assessor's map and parcel: 55 -133 733.7, 333.2 Street address 17 Williams Lane; 24 and 26 Atlantic Avenue Registry UQxRk, PL BK & PC, R14XFkX 22 -73 Lot 7_,2,3 Deed ref. 136 -232 Subdivision - - - -- Endorsed 7.2/7.8/73 ANR? yes Date lot(s) acquired: 8/18/71 Zoning district Residential -l. Number of dwelling units on lot(s): One Rental guest i:ooms None Commercial use on lot(s): No MCD? No Building date(s): all pre -172 zoning? yes or - - - -- Building permit application Nos. and dates - - -- C of 0? - -- Case No(s). or dates all prior BOA applications: - - - -- State fully all zoning relief sought together with all respective Code sections and subsections, specifically, what you propose compared with present and x what grounds you urge, for BOA to make each finding per Section 139 -32A if Variance, -30A if Special Permit, -33A if to alter or extend non - conforming use, or to reverse Building Inspector by;Appeal per -31A & B: Applicant requests a Variance from By -law Section 139- 8.A(3)to permit cnnstruetinn of dwellings containing two units on Lots l and 3, with one unit accessed by a front door and the other unit accessed by a rear door; such design being necessitated by lot shape. Applicant further requests a Special Permit under Section 139 -18.E, to enable parking spaces serving both Lots 2 and 3 to be located partly on each lot. Enclosures forming part of this Application: Supplement bo above Site /Mot plan(s) X with present /proposed structures Locus map X Floor plans present /proposed X Appeal.record Needed: areas frontage setbacks CCR% parking data Assessor's certified addressee list (4 sets) X Mailing -Labels) (2 .s�ts)_X Fee check for $150.00 payable to Town of Nantucket "Cap" covenant I certify that the requested information submitted is substantially complete and truo to th,63best of my i owled e; under pains and penalties of perjury.: Signature: Applicant Attorney /agent X -Y (If not owner, show basis for authority`•to- -apply:) FOR OFFICE USE / Application copies received: 4 or only ) for BOA /_0/5�y One copy given Town Clerk �� /�y �J _ Complete? One copy sent to Planning Board and to Building Dept. -� -L by eCe� $150.00 check given Town Treasurer Notices of hearing posted�� // wiled / /,ub1ished Ilearing(s) held on _ /_ /_ continued to _ /_ / _ /_ /_ withdrawn? Decision made _ /_ /` filed with Town Clerk _ /_ /_ mailed _/ / See related files: application - litigation - other / EMM/