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HomeMy WebLinkAbout072-90TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: February d , 1991 To: Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 072 -90 Owner /Applicant: The Nantucket Four Chimneys, Inc. Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket own Clerk. An Appeal from this Decision may be waken pursuant to Section 17 of Chapter 40A, m—assachusetts ven:aral �ecis =on m- st .? °_ filing an cUiimp I-a n,t In court i i NT thin iiiE ( 20) .- s after is ;ay'.5 '.=u . :�Gti=2 Gi t .Ct� ^vn wl n a CG_ _ G. complain: and certlfled coLy of Decision muses %e _ e'en to t.,- e __,gin Clerk s0 as t be received G..I. ^. (20) days. cc: Tov'n Clerk Planning Board Building Commissioner BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION (072 -90): THE BOARD OF APPEALS at a public hearing held on FRIDAY, November 16, 1990, and continued to succeeding hearings on December 6, 1990 and January 17, 1991, all commencing at 1:00 p.m. at the Town and County Building, Nantucket, made the following decision on the application of THE NANTUCKET FOUR CHIMNEYS, INC. (072 -90) with an address of c/o Vaughan, Dale and Philbrick, Whaler's Lane, Nantucket, Massachusetts 02554. Applicant sought confirmation that a proposed action was permissible under the VARIANCE granted in BOARD OF APPEALS FILE 043 -80 or, in the alternative, a modification of such VARIANCE, to increase the total of rental rooms from 11 to 12 by changing a staff room to a rental unit, and a waiver by SPECIAL PERMIT, pursuant to Section 139 -18G, of four (4) parking places to conform to present parking. The premises are located at 38 ORANGE STREET, Assessor's parcel 4231 -221 and zoned RESIDENTIAL OLD HISTORIC. Our findings are based upon the application papers, correspondence, the "Existing plans for 4 Chimneys" drawn by Peter Paul Meerbergen dated 10/26/90 and the "Proposed plans for Four Chimneys drawn by Peter Paul Meerbergen dated 10/26/90, and representations and testimony received at the hearings on November 16, December 7, 1990 and January 17, 1991. The premises are situated in the Residential Old Historic zoning district which requires a minimum lot size of 5,000 square feet, frontage of 50 feet, side and rear setbacks of 5 feet and allows a ground cover ratio of 50 %. The existing lot is conforming as to size as is the structure (except on its southerly side where parts of the building are within the required 5 foot side line setback). The building has existed since the 19th century and is grandfathered as to this side line non - conformity. The subject lot is approximately 5,700 square feet. The structure was originally built in the mid- 1800's as a single- family residence. Around 1870, it was converted into a hotel by the name of the Bay View Hotel and was so operated for approximately 50 years. For a time in the 1960's and 19701s, it was again used as a private residence but such use was uneconomical and in 1980 a variance from the use provisions of the by -law to permit the premises to be used once again as a guest house was applied for and granted by the Board. (See Board of Appeals Decision 043 -80.) That decision did not specify the number of guest rooms or any parking relief but rendered-the-guest house use conforming. It is necessary to go to the Building Inspector's records to determine the exact nature of this "use variance ". There it becomes clear that the structure was designed with 11 paid rental units, a 12th room for a chamber maid and an owner's apartment in the basement. Under the circumstances, we are able to make a finding that the relief requested, which is an increase of the rental units from 11 to 12, is sufficiently minimal and is designed to improve the economics of the building which does not lend itself to a single - family residence and as such is not more detrimental to the neighborhood than the existing intensity of use. Such an expansion is, therefore, found to be appropriate under Section 139 -33A of the By -Law and is a permissable expansion of a prior non - conforming use. Special Permit relief is lesser included relief when a variance is requested and such relief may be granted by this Board. This relief will enable the owner to maintain and upgrade the premises. On the question of parking, applicant is a guest house close to the core area of Town. Applicant has supplied information that in the 1990 season, approximately 245 temporary parking permits and 76 guest house permits were applied for to the Nantucket Police Department and none of these permits were issued with respect to 38 Orange Street. It is, therefore, reasonable to draw the conclusion that many, if not most, of the patrons of the guest house will not bring cars to Nantucket. For the reasons set forth herein, the Board, by unanimous vote, hereby denies the variance sought on the ground that adequate relief can be granted by Special Permit and hereby grants a Special Permit to increase the rental rooms from 11 to 12, to provide living space in the basement for the owner and /or staff and to waive four (4) off - street parking spaces upon the following conditions: a. The proposed work will be done in substantial conformity with the submitted plans and with all necessary local, state and federal permits; b. The staff room that is being lost by the conversion to rental space will be provided for in the owner's apartment in the basement; C. Parking for three cars will be provided as evidenced by the parking plan attached hereto and marked Exhibit A; and d. Bike racks will be so positioned in the parking area to the rear of the structure that they will not interfere with parking by cars. Dated: February 2 , 1991 efv #11 /decision C - 1 C. Marshall Beal / Z(6 William R. Sherman Peter Dooley ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 February 15, 1991N Ron Santos Building Commissioner /Zoning Enforcement Officer South Beach Street Nantucket, Mass. 02554 Re: Four Chimneys, File No. 072 -90 Map 42.3.2, parcel 221 Dear Ron: In response to concerns about the extent of relief granted by our decision in the above specified matter, the Board specifically denied the Variance relief requested because the Board found that "adequate relief can be granted by special Permit. The guest house use was made conforming by the earlier use variance, without any conditions needing modification for the proposed changes. Since our Board now has no power to grant use variances, our right to modify a prior validly granted use variance might be questioned. Therefore, no modification of that Variance was granted or needed. However, to the extent that the change could be considered an alteration or expansion of a use nonconforming with respect to current zoning regulations, we granted relief under Section 139 -33A, as found in our 2/8/91 decision. WRS /smc cc: E. Foley Vaughan Sincerely, William R. Sherman Vice - Chairman Board of Appeals ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 February 14, 1991 To: Board of Appeals From: Zoning Board Administrator Subj: Four Chimneys, File No. 072 -90 Foley Vaughan has requested this Board send a letter to Ron Santos clarifying the decision in the above specified matter. The reason for Foley's request is that Ron is not sure that the relief we granted by Special Permit is sufficient to allow the issuance of the Building Permit, since the building is operating under a Use Variance which was not specifically modified in our decision. Ron believes that such an explicit modification may be required. Having reviewed the terms of the original Variance, I find no limitation on the number of guest rooms nor any indication that any of the rooms be restricted to employee housing. What the applicant is proposing seems to fall within the, limitations of the original Variance, as this Board found when the issue was raised. Specifically, the Board stated that relief as to the Variance was unnecessary. I suggest a letter from the Board to Ron explaining the rationale for the decision could suffice to remove the possible impediment, and I have drafted such a letter for your approval. X�� 112 P ? TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, NOVEMBER 16, 1990 at 1:00 P.M. in the Town and County Building, Federal and Broad Streets, Nantucket, on the Application of: THE NANTUCKET FOUR CHIMNEYS, INC. Board of Appeals File No.: 072 -90 Applicant seeks confirmation that a proposed action is permissible under the VARIANCE granted in Board of Appeals file 043 -80, or, in the alternative, a MODIFICATION of said Variance to permit changing of a staff room to a rental room, bringing the total of rental rooms to twelve (12) from the current eleven (11), under SECTION 139 -32A of the Zoning By -Law. Applicant also seeks, if necessary, SPECIAL PERMIT relief under SECTIONS 139 -18G and 139 -30A, for a waiver of four (4) parking spaces to bring into conformity the language of the Variance granted in 043 -80 with the present parking space rules and regulations. The Variance approved the parking as sufficient for "6 or 7 vehicles "; under present standards only three (3) spaces can be provided. The premises are located at 38 ORANGE STREET, Assessor's Map 42, Parcels 3.2 and 221, as shown on Plan Book 3, Page 31, and zoned RESIDENTIAL OLD HISTORIC. p Linda F. Williams, Chairman/ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, NOVEMBER 16, 1990 at 1:00 P.M. in the Town and County Building, Federal and Broad Streets, Nantucket, on the Application of: NANCY COLSON Board of Appeals File No.: 073 -90 Applicant seeks a MODIFICATION of the VARIANCE relief granted in Board of Appeals file 056 -83 from the requirements of SECTION 138- 7A(1)(b) of the Zoning By -Law (minimum of twelve foot separation between dwellings). The requested modification of that Variance is to permit placement of a covered porch on the main dwelling connecting with the existing deck on the secondary dwelling. The premises are located at 9 HALLOWELL LANE, Assessor's Map 30, Parcels 14, 15 and 257, as shown on Land Court Plan 12022 -H, Lot 30A and Land Court Plan 12022 -Q, Lot 47 and are zoned RESIDENTIAL -2. Linda F. Williams, Chairman's / C TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, NOVEMBER 16, 1990 at 1:00 P.M. in the Town and County Building, Federal and Broad Streets, Nantucket, on the Application of: ALFRED F. SANFORD, III., EDWARD J. SANFORD AND JEANETTE S. FOWLKES, TRUSTEES OF OLD NORTH WHARF TRUST Board of Appeals File No.: 074 -90 Applicants seek a SPECIAL PERMIT under SECTION 139 -33A of the Zoning By -Law to alter and extend a pre- existing non - conforming use or structure. Applicants propose to increase the size of a single family residential structure, known as "Nautilus ", located on Old North Wharf, either by addition to and renovation of the existing structure orby its removal and replacement; no additional dwelling units are to be created. The proposed structure will extend to within five (5) feet of the existing bulkhead, which is the edge of the lot on the north and east, but will be no closer than portions of the existing structure. The premises are located at OLD :NORTH WHARF, Assessor's Map 42.3.1, Parcel 3225, as shown on Land Court Plan 10223 -A, and is zoned RESIDENTIAL - COMMERCIAL. C J� / inda F. Milliams, Chairman /� TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, NOVEMBER 16, 1990 at 1:00 P.M. in the Town and County Building, Federal and Broad Streets, Nantucket, on the Application of: WALTER C. WILSON AND NANCY N. WILSON Board of Appeals File No.: 075 -90 Applicants seek a VARIANCE under SECTION 139 -32A from the provisions of SECTION 139 -16A of the Zoning By -Law, to validate and confirm a lot created under the Subdivision Control Law in 1982, when a pre- zoning lot was allowed to be subdivided into two (2) lots due to the existence of a pre -1955 structure on each lot. The lot is non - conforming as to frontage having 91.39 feet (200 feet being required) and area, having 90,604 square feet (120,000 square feet being required). Applicants desire to move the existing dwelling because of erosion of he bluff, and they propose to move it to another location on the lot without any change in the footprint and it will be in compliance with applicable setback requirements for the district. The premises are located at 21 SANKATY HEAD ROAD, SIASCONSET, Assessor's Map 48, Parcel 4, as shown on Land Court Plan 23903 -B, Lot 3, and zoned LIMITED USE GENERAL -3. d / Linda F. Williams, Chairman TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, NOVEMBER 16, 1990 at 1:00 P.M. in the Town and County Building, Federal and Broad Streets, Nantucket, on the Application of: RICHARD B. CORKISH, SR. Board of Appeals File No.: 076 -90 Applicant seeks a VARIANCE under the provisions of SECTION 139 -32A from the requirements of SECTION 139 -16A (front yard setback) of the Zoning By -Law, to validate the siting of an existing dwelling which encroaches approximately thirteen (13) feet into the required thirty (30) foot setback. The dwelling was constructed under Board of Appeals Special Permit No. 038 -87. The premises are located at 6 MAYHEW LANE, Assessor's Map 41, Parcel 396, as shown in Plan File 16 -E, Lot 3, and zoned RESIDENTIAL -2. Linda F W,.11iams, Chairman