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Home My WebLink About008-9028�44 Form 3 -89 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 MarchA019 90 To: Parties in interest and others concerned.with the decision of the Board of Appeals in Application No. 001 90 of: MARY HIGBEE PHILLIPS 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 day's 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) days. r Gl.w1^ t- e/Yry�- Wi.11i m R. Sherman, Chairman cc: Town Clerk Planning Board Building Commissioner NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MA 02554 At a public hearing on Friday, March 9, 1989, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application (008 -90) of MARY HIGBEE PHILLIPS, having an address at 54 Fair Street, Nantucket, MA 02554, the Nantucket zoning Board of Appeals made the following DECISION: 1. Applicant seeks a Special Permit under zoning Code Section 139 -33A to alter the use and layout of her guest house by converting the entire second floor to use as a year -round apartment, the first floor to continue as an apartment, e.g., for the owner /manager. As a condition to the grant of such permit, Applicant will abandon the guest -house use which is nonconforming in this Residential -Old Historic District. 2. The premises are at 54 Fair Street, Assessor's Parcels 42.3.2 -038 [Lot 1 shown on Page 121 of Plan Book 18] and 55.4.1 -014. 3. Our findings are based upon the Application papers including plan showing Planning Board endorsement "ANR" (4/16/74) related to Applicant's acquisition of a 152 -SF triangular Lot 1 to resolve a prior encroachment, also floor plans (our Exhibit "A ", reduced copy attached) for the first and second floors, the latter marked to show the proposed changes. As further basis, we rely on viewing and correspondence plus pictures, representations and testimony received at our hearing. 4. Applicant represents that she has owned the premises since 1970 and that the present uses are entitled to 'grandfathered' status as pre- existing, nonconforming uses. Since that is not contraverted on this record, we so find. To grant the requested Special Permit under Section 139 -33A, we must further find that the proposed changes would not be substantially more detrimental to the neighborhood. For the reasons and upon the conditions set forth below, we make that further finding. 5. The premises comprise the original 2,060 -SF lot [Assessor's Parcel 55.4.1 -014] combined with 152 -SF Lot 1, hence, undersized relative to the required 5,000 SF. A garden is located at the north end of the lot and a substandard area for off - street parking is at the south of the building. Behind that area is a garage -like structure attached to the building used, we are told, since prior to zoning as a one -room apartment with loft space for File No. 008 -90 sleeping. Interior access between the building and the attached apartment is not provided. No change is proposed as to the use of that structure or the yard areas. 6. The building on the lot has the two floors represented in Exhibit "A" and a storage attic above. The first floor includes a one - bedroom, owner - manager's apartment, said toaccommodate a chambermaid also, plus a room at the rear, counted as a first of four guest rooms. The other 3 are on the second floor. That first -floor guest room would be combined with the manager's apartment, and 2 of the 3 second -floor rooms modified to become living room and kitchen for the proposed one - bedroom, second -floor apartment. 7. Applicant proposes barring seasonal rental of the second -floor apartment so that it would be available as a year -round apartment - much needed to meet housing requirements in the community. To allow Applicant some flexibility in the transition, the bar to seasonal rental shall become effective only after October 1, 1990. 8. Concern was expressed that rooms might be rented out individually, e.g., by subleasing, after the conversion to apartments -only use. To preclude such a return toward a more intensive, guest -room use of the property, Applicant is understood to accept the further condition that, upon abandoning the guest -house use of the premises, individual apartment rooms will not be leased or subleased separately but only as part of the apartment on the corresponding floor of the building. 8. With the proposed conversion to apartment use, the zoning requirement for off - street parking is reduced - by 3 spaces. Accommodating the 3 spaces, counterpart to the apartment use of the premises, is not feasible, and attempting it would have a significant and adverse effect upon the scenic and historic integrity of that neighborhood. An offsetting loss of on- street parking space would be entailed. 9. All neighborhood response to Applicant's proposal, so far as we are aware, has been favorable including some 12 letters of record. The Planning Board's recommendation was favorable, upon the conditions here imposed. We make the further finding that the relief granted will be in harmony with the general purposes and intent of the zoning Code. 10. Accordingly, by unanimous vote, this Board grants to Applicant the requested Special Permit under Section 139 -33A to convert from a mixed guest house and apartment use to solely apartment use in substantial conformity with Exhibit "A" and upon the conditions noted above as to year -round use of the second -floor apartment and no - 2 - File No. 008 -90 individual room rentals. Datgd March, 1990 MINIMUM � �M Peter F. Dooley William . s4rman V Michae . O'Mara , , � 0 WX" - 3 - 0 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 February 13, 1990 NOTICE A public hearing of the Board of Appeals will be held on Friday, March 9, 1990, at 1:00 p.m. in the Town and County Building, Federal and Broad Streets, Nantucket, on the Application of: MARY HIGBEE PHILLIPS Board of Appeals File No. 00$ -90 seeking a Special Permit under Section 139 -33A to alter the use and layout of her 4 -room guest house which now includes an owner /manager's dwelling unit and a rental garage apartment by replacing at least 2 of the rental rooms with a second -floor apartment (which could be for year -round use), alternatively enlarging an existing apartment. The premises are at 54 Fair Street, Assessor's Parcels 42.3.2 -038 and 55.4. -014, Lot 1 of Plan Book 18, Page 121, zoned Residential -Old Historic. William R. Sherman, Chairman BoA,Fo= 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No.60�-qo APPLICATION FOR RELIEF owner's name(s): Mailing address: .5'7�Q_L�f Applicant's name:►/�'�� Mailing address: S Me- Location of lot: Assessor's map and parcel number q2-s, 036, � q 0/7 Street address: { ra ,r- St Registry Land Ct Plan, Plan Bk & Pg or Plan File _ Lot Date lot acquired: �7 _/ 10 Deed Ref` Ug /Zoning district z%f AP Uses on lot - commercial: None or - number of: dwellings f duplex_ Building date(s): all pre -8/72? � or Building Permit appl'n. Nos. MCD? apartments _I rental rooms Case Nos. all BoA applications, lawsuits: C of 0? State fully all zoning relief sought and respective: Code sections and subsections, specifically what you propose com'Dared to present and what grounds you urge for BoA o make each fining per Section 139 -32A if Variance, 139 -30A if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -3JA & B _ , attach decision or order appealed. OK to attach addendum . Qud OP � Cl q)x c o �- Q� � 070 C7� AQYL Items enclo as part of this Application: orderl addum2 Locus map se Site plan ✓ showing present t/ +planned structures Floor plans present ✓ proposed elevations (HDC approved ?_) Listings lot area Trontage setbacks GCR parking data Assessor- certifieTaddressee Tist 4 sets L/majling labels 2 setsr/ 200 fee payable to Town of Nantucket proof _'cap' covenant (If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of p rjury. SIGNATURE: pplicant Attorney /agent 3(If not owner or o ner's attorn , enclose proof of authority)