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HomeMy WebLinkAbout066-90o polo - C�p TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: December 14 , 19 90 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 066 -90 Owner /Applicant:_ Barthelette Curnell Realty Trust Roger Schmidt, Trustee u /d /t dated June 13, 1987 Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of 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 an 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 receive'- .,within such TWENTY (20) days. �� ' obert�.Leichter, Chairman cc: Town Clerk Planning Board Building Commissioner DECISION: TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 The Board of Appeals, at a Public Hearing held on FRIDAY, NOVEMBER 16, 1990 at 1:00 P.M. in the Town and County Building, Nantucket, MA 02554, made the following Decision on the (066 -90) Application of BARTHELETTE CORNELL REALTY TRUST, ROGER SCHMIDT, TRUSTEE u /d /t dated June 13, 1987, and registered as Document No. 43368 at the Nantucket Registry District for the Land Court (for Title, see Certificate of Title No. 13,588 at said Registry District), having an address of 18 Gardner Street, Nantucket, MA 02554. 1. The Applicant seeks relief by VARIANCE and /or SPECIAL PERMIT to permit the expansion of the pre- existing, non - conforming twelve room guest house to provide living quarters for the owner /manager and his family through a two -story addition on the southerly side of the rear portion of the structure and an expansion of the second floor on the northerly side of the rear portion of the structure. The premises are located at 18 GARDNER STREET, Assessor's Map 42.3.4, Parcel 88, shown as Lot 1 on Land Court Plan No. 10875 -D and zoned F.ESIDENTIAL -1. 2. Our findings are based upon the Application papers, correspondence, plans, representations and testimony received at our hearings on October 19, 1990 and November 16, 1990. Revised plans for the proposed project were submitted at the November 16, 1990 hearing reducing the size of the addition to the 216 square foot footprint shown, and it is these revised plans on which this Decision is based. Said plans are marked Exhibit "A" and attached hereto. 3. We find that the use of the structure on the Premises as a guest house with twelve guest rooms is a validly pre- existing, non- conforming use which existed on a lot containing two additional dwellings prior to 1972. The Nantucket Planning Board approved a three lot subdivision which allowed the guest house to exist on a separate lot, subject to an easement for access to the new lots for the other dwellings. At the time of the subdivision the Planning Board did not deem this easement to be a "street ". However, a question has been raised in this proceeding as to whether this easement, known as Salters Court, constitutes a "street" for zoning purposes, since it apparently provides the principal means of access to the two rear lots. 4. A motion was made to allow the expansion of the structure byVariance on the conditions that there be no commercial use on (066 -90) -2- the Premises except the existing guest house use, with said guest house reduced to eleven (11) guest rooms; only one dwelling unit on the propert; basement use restricted to storage and mechanical equipment uses ancillary to the residence and guest house on the Premises; maintenance of the hedge between the guest house and the property to the south; and substantial conformity with revised plans as said plans maybe approved bythe Historic District Commission. We find that such Variance relief is not warranted given the Applicant's failure to meet the strict statutory requirements, and by UNANIMOUS vote the Board hereby DENIES said VARIANCE. 5. The Board then considered whether relief by Special Permit Under SECTION 139 -33A was appropriate under the circumstances. We find that the revised plans, reducing the size of the proposed addition so it complies with the five -foot sideline setback, is not substantially more detrimental to the neighborhood than the existing non - conformities on the Premises. In particular, we find that the plan revisions meet and fairly satisfy the concerns expressed byneighbors in connection with the proposed project, provided that the same conditions discussed in connection with the Variance be imposed as a condition of the grant of the Special Permit under Section 139 -33A. In general, we find that the project is in harmony with the purpose of the Zoning By -Law because it provides living quarters within the guest house for an on -site owner /manager, thereby providing better supervision and control of the use of the Premises. We note that the proposed project will permit the renovation and upgrading of the secondary fire exit from the second floor of the guest house and that the Fire Chief spoke in favor of the project for such safety reasons. We further note that the Residential-1 zoning district ends at the center lire of Gardner Street and lots across the street from the Premises are subject to the requirements of the Residential Old Historic Zone, which permits a 50% ground cover ratio. 6. For the reasons set forth herein, The Board, by a four to one vote (Member Beale voting in the negative), hereby GRANTS a SPECIAL PERMIT under SECTION 139 -33A so as to allow the construction of the proposed addition and to enable the Applicants to obtain a Building Permit from the Nantucket Building Commissioner to allow such construction on the following conditions: (a) No commercial use shall be conducted on the Premises except the guest house use, which use shall be reduced to eleven (11) guest rooms; (b) No more than one (1) dwelling unit on the Premises; (c) Use of the basement shall be restricted to storage and mechanical equipment, uses ancillary to the guest house and dwelling on the Premises; (d) The hedge along the southerly property line shall, to the extent under the control of the Applicant, be maintained at substantially its current 10 foot height; and (066 -90) -3- (e) The project shall be constructed in substantial conformity with the revised plans attached as Exhibit "A" as said. plans may be approved by the Nantucket Historic District Commission. t Dated: December i�{ 1990 Ag� A Linda F. Williams l m R., SIi4rman ert J4 Leichter 0 Michel b'Mar C. Mars:jall Beale ��iruuaf C1u ��; �9fm AV TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, OCTOBER 19, 1990 at 1:00 P.M. in the TOWN AND COUNTY BUILDING, Federal and Broad Streets, Nantucket, on the Application of: BARTHELETTE - CORNELL REALTY TRUST, ROGER SCHMIDT, TRUSTEE Board of Appeals File No.: 066 -90 Applicant seeks a VARIANCE under SECTION 139 -32A from the requirements of SECTION 139 -16A (Intensity Regulations - ground cover ratio). At present, the building has ground cover of 2742 SF, allowable ground cover is 2816 SF, being 30% of the 9390 SF lot. The addition proposed is 317 SF which would result in total ground cover of 3059 SF or 32 1/2%. In addition, SPECIAL PERMIT relief is requested under SECTION 139 -33A to permit extension of a structure said to be pre- existing and non - conforming as to sideline setback. The extension will be no more non - conforming than the existing structure which is located .63 feet at its closest point to the side line. The addition is proposed to provide living quarters for the owner and his family within the 12 room guest house. One guest room will be eliminated. The premises are located at 18 GARDNER STREET, Assessor's Map 42.3.4, Parcel 81, as shown on Land Court Plan 10875 -D and are zoned RESIDENTIAL -l. a, . �L\Mmn ndaF. Williams, Chair sn BOARD OF APPEALS BoA Form 1 -39 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 O Q� CAGE No. O ._la[ APPLICATION FOR RELIEF owner's name(s)- - C11,JQ -U- TeaS�- Mailing address: Applicant's name:___�o��2r- �Mp� �� Sc�r�•aT Mailing address: G.A:Z�r1Qr- ST' nJA.-J7- t.ktf- Location of lot: Assessor's map and parcel number y?•3 O�- �/ Street address: /P 5 Registry Land Ct Plan, Plan Bk & Pg or Plan File 10�7 ,r-b Lot n Date lot acquired: Deed Ref Zoning district K - Uses on lot - ommercia. None — or MCD ?- - number of_: dwellings duplex— apartments— rental roomsJ.2- Building date(s): all pre -8/72? — or / f-3S- 19Re " C of 0 ?_ Building Permit appl'n. Nos. Case Nos. all BoA applications, lawsuits: State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BoA to make each finding per section 139 -32A if Variance, 139 -30A � if a Special Permit (and 139 -33A if tp� alter. or extend a nonconforming use). If appeal per 139 -31A I & B attach decision or order appealed/./ OK to attach addend�um22. wella/ ` /�1 �%. �. , Q rL.S7;., (/ e-4ce'e.Q ITC 0.! /a.J ZZxe *%+ y ,Lr r39. 33 C q S�2ore 1 /e��c. n S e 2Ky�.iio,. o�Cla�j 'y- I J/)�7uv. -v„1J�M� O � ( jfe � /��Cl -c /� A o t'k a l e h e n- C cni. Z •+-. � �-Q S e I` yc e Items enclosed as part of tlWs Application: orderl addendum2 Locus map__ Site plan_ showing present +planned 'structures Floor plans present_ proposed_ elevations _ (HDC approved ?_) Listings lot area frontage setbacks_ GCR parking data Assessor- certified addressee moist 4 sets majling labels 2 sets_ X200 fee payable to Town of Nantucket proof 'cap' covenant 1(If an appeal, ask Town Clerk to senU—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 perjury. SIGNATURE: Applicant Attorney /agent — 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE q 9,P-C& C116 L& Application copies rec 1 d: 4 V/ /or for BoA on�� ` y_ One copy filed with Town Clerk, on /6)/_& by // completes ?yL�/�C����� One copy each to Planning Bd and Building DepV b $200 fee check, given Town Treasurer onZ(Q1 -& waived? Hearing notice posted/10) o mailed/6 r�OI & MA2 1 9� ! (J I oaring (s ) on_/_/_ cons' d to_/__/_, `/_/_ withdrawn ?_--/_/_ Decision due by��_ made��_ filed TC__/_/_ mailed _j_ /_ See related cases � 1 lawsuits other C- C4 K c4, .4, �� w���dv�.SJ ,s QC, /�CLt,[�/ /�'1.�' /�O.n -v CY CCU ✓t� �Q /�!/1. /L'/ "1 4es Y/ 7 MASSACHUSETTS QUITCLAIM DEED INDIVIDUAL (LONG FORM) 882 43367 JULIA P. DONATON of 43 East Avenue, Walden, New York 12586 County, Massachusetts being unmarried, for consideration paid, and in full consideration of $ 790 , 000.00 grant to ROGER A. SCHMIDT, MARY A. SCHMID JOHN G. KENNAN, JR. , and MARY 4-. KENNAN, as Trustees of BARTkETTE CORNELL REALTY TRUST U/6 i tte.l Jun ] 7 recorded herewith as Doc *lam N �y of c/o �t}1 Does fii1T'Rb��3 r'r�uiItfuittr -rb4; Southwic:, MA 01077 thelandki and dwelling in Town and County of Nantucket, Commonwealth of Massachusetts; situate at 18 Gardner Street l, pounded and described as follows' [Description and encumbrances, i any NORTHEASTERLY by Liberty Street, thirty -one and 30/100 (31.30) feet; EASTERLY by Gardner Street, sixty -one and 24/100 (61.24) feet; SOUTHERLY by land now or formerly of John B. Folger, 11inety- six(96.00) feet; WESTERLY by Lot 2 on plan hereinafter mentioned, one hundred and 30/100 (100.30) feet; and NORTHERL'i by Lot c as shown on said plan, ninety -four and 10 /100 (94.10) feet. Ail of said boundaries are determined by the Court to be located as shown upon plan numbered 10875 -D, drawn by Michael S. Bachman, Surveyor, dated November 22, 1982, and filed with Cert- ificate r,f Title No. 11,787 at the Registry District of Nantucket County. Said land is shown thereon as Lot 1. Said Lot 1 is subject to an Easement way, forty (40) feet wide (shown as Salter's Court) for the benefit of Lots 2 and 3 as shown on said plan. Said Easement shall be for the purpose of ingress and egress and for the maintenance, repair, install- ation and service of underground utilities specifically water, sewer, telephone, electric, and cable TV, and for all other purposes for which Ways may be used in Nantucket Town and County, Massachusetts . For Grantor's title see Certificate of Title No. 11,787 LAND BA N11 FEE rVI rU. ,_ OAiE [[RTINraiur. (Please print or type) 0 M j Fill o 0 40 -3 0 Y 0 14 y lo' Cil J m A m(n 0 UJ M 0 I'll m u C-0 C co -3 t7/ 0 (Please print or type) NUMBS hand and seal this ...................... ?U1.3CL... . ........................................................... ............................... C o w i s H s �C N APR -6168 ^ +9{ 0. 6 0 �= to. IM5 C MONWE TH F A Hll. 5 ~G N - -- APR -6'66 ,{ = 9 0 0. 6 0 =_ �~ ➢➢➢YYY Z ee u2ai t 430"6 ............... day of „February.................. 19 88 ulia P. Donaton .... ........... ....1. ................... _. STATE OF NEW YORK �ip0�tltRNtIIiirir7¢g�r xif x�atss�Kllxsclte :tftonaton County of Oronge ss- February .22 1988 Then personally appeared the 2nd acknowledged the foregoing instrument to be her / free act and deed, before me Notts /ary Public—` Justice of the Peace My commission rxpirrs 'Q�c� /.� /il %1�:a�.,,3 <) 19 i'9 CHAPTER 183 SEC. 6 AS AMENDED M' CHAP'T'ER 497 OP 1969 Every decd presented for record shall contain or have endorsed ujxon it the full name, rasidcu- and post once address of the grantee and a recital of the amount of the full consideration thereof in dollars or the• nature of the uihrr nmsideration therefor if not delivered for a specific monetary sum. 'file full consideration >hall mean the total price for the eunveyan;e - -shout dt,'l iron f u any liens or on encumbrances assumed by the grantee or remaining there. All such endorsements and rec itnls shill he recordol as pan of the deed. Pailure to comply with this section shall not affect the validity of any deed. No rrgister of deeds shall artept a dtvd for recording unless it is in compliance with the requirements of this section.