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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
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S�2ore 1 /e��c. n S e
2Ky�.iio,. o�Cla�j 'y- I J/)�7uv. -v„1J�M� O
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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,
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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
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NUMBS hand and seal this ...................... ?U1.3CL... .
........................................................... ...............................
C o w i s H s
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APR -6168 ^ +9{ 0. 6 0 �=
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............... 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.