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