HomeMy WebLinkAbout009-91TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: March S , 19 91
To: Parties in Interest and_Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Applicaticn No.: 009 -91
Owner/Applicant: Sconset Inn, Inc.
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, ?,.assachusetts 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 Decisi— must be given
to the Town Clerk so as to -be received yiit —1 such Tip: ;tiny
(20) days. L +
'l.
William R. Sherman, Vice Chairman
cc: Town Clerk
Planning Board
Building Commissioner
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS
Decision:
At a public hearing of the Nantucket Board of Appeals held
at the Town and County Building, Federal and Broad Streets,
Nantucket, on February 15, 1991, at 1:00 P.M., the Board made the
following decision upon the application of SCONSET INN, INC.
(009 -91);
1. This is an application for a Special Permit under
Nantucket Zoning By -law Section 139- 7.D(5) for an employer
dormitory, and for a variance under Section 139 -32 for waivers of
numbers of parking spaces under Section 139 -18 and required
driveway widths under .Section 139 -19.D. The subject property
(the "Locus ") is situated at 9 NEW STREET, SIASCONSET (Nantucket
Assessor's Parcels 73.1.3 -38, 73.1.3 -39 and 73.4.2 -13), consists
of Lot 2 on Land Court Plan 14696 -C, Lot 3 on Plan Book 17, Page
123, and land described in deed recorded in Book 190, Page 129,
and is zoned as RESIDENTIAL -1 (Parcels 73.1.3 -39 and 73.4.2 -13)
and as RESIDENTIAL -OLD HISTORIC (Parcel 73.1.3 -38).
2. Based upon the application and representations and
materials presented to us at our public hearing, it appears that
the Locus consists of three parcels effectively merged together
for zoning purposes because only one has any street frontage, as
shown upon the "As -Built Plot Plan" dated December 11, 1990, by
Nantucket Surveyors, Inc., a reduced copy of which is attached to
this Decision as Exhibit A. The Locus has been improved with a
restaurant building since a time prior to the July, 1972
effective date of the Nantucket zoning by -law. The existing
restaurant building runs along virtually the entire frontage of
the Locus on New Street. In the area behind the restaurant
building are found a building used as an office ancillary to the
restaurant; a wine storage building constructed pursuant to this
Board's decision in Case No. 013 -85; a freezer; and a dwelling
used as housing for restaurant employees. The remainder of this
areas contains a driveway, an herb garden, dirt areas which have
been cleared for parking, and areas of vegetation. The only
means of vehicular access to this rear areas is over a Way, 15
feet wide, leading from King Street to the Locus.
3. We are informed by the applicant that it proposes to
relocate three frame cottages owned by it and now situated upon
property to the west of the Locus formerly owned by 'Sconset
Enterprises, Inc., and now owned by Siasconset Casino
Association, Inc., by virtue of a Ground Lease which has been
-1-
terminated, to the Locus. One of these cottages is proposed to
be connected to the existing cottage upon the Locus; the other
two cottages are to be joined together in another location.
The proposed locations of these structures is as shown upon the
"Revised Parking Plan" dated February 15, 1991, by Nantucket
Surveyors, Inc. a reduced copy of which is attached to this
Decision as Exhibit B. The applicant proposes to use these
cottages for housing for its employees.
4. As to the requested relief for a Special Permit to
authorize an employer dormitory, such relief is required by our
By -law for each such dormitory, in any zoning district. We
generally favor provision of housing for employees by their
employers. Under definitional changes contained in the 1991
Zoning By -law, employer dormitories are defined as "dwellings ".
The proposed configuration of these structures, so that there
will be two structures upon the Locus used as employer
dormitories, conforms to the limitation in Section 139 -7.A that
there be not more than two dwellings upon any lot. Because of
the general favor that we (and, we believe, the Town at large)
hold for provision of employee housing, we find that, subject to
the conditions hereinafter set forth, the proposed employer
dormitory use upon the Locus will be in harmony with the general
purpose and intent of the By -law.
5. As to parking requirements, we find that, as set forth
in the application, present uses of the Locus, if newly
commenced, would require provision of 55 parking spaces, computed
as follows:
Use Required Parking Spaces
Restaurant, 160 seats 40
Employees, 38 at maximum shift 13
Employer dormitory, 2 persons 2
Total 55
At present, parking upon the Locus is poorly defined, and it is
impossible, granted the configuration of the Locus and the
location of the pre- existing restaurant building thereon, to
provide the required number of spaces. Furthermore, the only
means of access to the vacant portion of the Locus is over a
"Way" which is only 15 feet wide and does not comply with the
driveway width requirement of Section 139 -19.D. However, the
applicant proposes no changes to the existing commercial uses and
structures, and these uses and structures are protected,
notwithstanding their nonconformity with use, parking and other
zoning requirements, by By -law Section 139 -33.A, as pre- existing,
nonconforming structures and uses. The only structure to be
-2-
"enlarged" pursuant to this application is the existing cottage,
so the requirement of Section 139 -18.A (a), for the provision of
off - street parking for an existing building when enlarged as if
it were newly constructed, applies only to this cottage and not
to any other existing structures or uses. However, placement of
the proposed cottages to be located and used as employer
dormitories may result in reduction of the open area now, at
least hypothetically, available for parking. Therefore, variance
relief under Section 139 -32 is necessary as to the overall
provision of parking upon the Locus in order to permit this
-relocation of buildings and their use as proposed.
6. The applicant represents to us that it is its practice
to require all employees to park in the open area behind the
present restaurant building, reached by the Way leading from King
Street. The applicant, however, rightly describes King Street as
a narrow residential street and the Way as a narrow driveway,
between two residences, and informs us that it discourages
restaurant patrons from parking in this area, considering such
parking as better provided by on- street parking on New Street.
7. The applicant's proposal will increase the number of
parking spaces required for all uses upon the Locus to be
increased by four, to a total of 59, consisting of an additional
employer dormitory for four occupants, requiring three spaces,
and enlargement of an existing employer dormitory for two - person
occupancy to four - person occupancy, which requires one additional
space.
8. In the course of our hearing, it was called to our
attention that, prior to removal of a wing from the office
building upon the Locus, it was impossible for vehicles to reach
the now -open areas on Assessor's Parcels 73.1.3 -39 and 73.1.3 -38
over the applicant's property. As suggested to us by an abutter,
the use of these portions of the Locus for parking ancillary to
commercial uses, in this residential zone, would constitute
expansion of a nonconforming use and would itself require zoning
relief, which has never been secured. Therefore, the applicant
has agreed to place all parking upon Assessors Parcel 73.4.2 -13,
in accordance with Exhibit B.
9. As to the parking variance request, we find that, owing
to circumstances relating to the shape and topgraphy of the land
and structures upon the Locus (consisting of its irregular shape,
the placement of the existing building so as to prevent access
from New Street, and the narrow legal extent of the Way from King
Street), which especially affect the Locus but does not affect
generally the zoning districts in which the Locus is situated, a
literal requirements of the requirements of the By -law as to
-3-
number of parking spaces and driveway width would involve
substantial hardship to the applicant (in that the provision of
additional employee housing upon the Locus would otherwise be
impossible), and that desirable relief may be granted as
requested by the applicant without substantial detriment to the
public good and without nullifying or substantially derogating
from the interest or purpose of the By -law (in that any approach
which would result in destruction of the existing restaurant
building or sharply increased vehicular use of the Way from King
Street would be more harmful to the public good than the
applicant's proposal, the employer dormitory use is generally
favored as a matter of public policy, and the grant of relief
enables us to impose certain conditions which will ameliorate
certain effects of the pre- existing, nonconforming use of the
Locus upon the neighborhood); provided, however, that the
conditions herein set forth are imposed upon such grant of
variance relief. (The requested variance from driveway width
requirements is granted only as to the "Way" from King Street;
since no parking is to be provided on Assessor's Parcels
73.1.3 -39 and 73.1.3 -38, no variance as to driveway width in the
opening between the office building and the wine storage building
is needed, and that request is deemed withdrawn.)
10. The special permit and variance relief granted by this
Decision shall be subject to the following conditions:
(a) The proposed structures and additions shall be
located substantially in accordance with Exhibit B hereto.
(b) Twelve parking spaces shall be provided upon the
Locus, to be located substantially in accordance with Exhibit B
hereto.
(c) No parking or other vehicular use of any portion
of Assessor's Parcels 73.1.3 -39 and 73.1.3 -38 shall any time be
permitted, except for the use of the portion of the "Emergency
Vehicle Turn Around" shown upon Exhibit B which lies within
Parcel 73.1.3 -39 by emergency vehicles, as set forth in Paragraph
10(d).
(d) The "Emergency Vehicle Turn Around" as shown upon
Exhibit B shall at all times be kept open and not used for
parking, as requested by the Fire Chief.
(e) The applicant shall maintain the surface of the
Way from King Street, which shall include grading the same at
least once annually.
(f) No additional dwellings shall at any time be
constructed upon the Locus.
(g) The three lots comprising the Locus shall be
deemed to be merged together as one lot for purposes of all
building, zoning and land use laws, and no portion thereof shall
be conveyed into separate ownership without the issuance of a
modification of this decision by this Board.
(h) All existing vegetative screening upon the Locus,
except that displaced in connection with the placement of
buildings and parking spaces in accordance with Exhibit B, shall
be maintained by the applicant.
( =) No further expansion of any buildings or uses upon
the Locus shall be permitted -without the issuance of a
modification of this decision by this board.
11. Accordingly, this Board grants the special permit and
variance relief as requested for the placement of structures to
be used as employer dormitories upon the Locus, subject to the
conditions herein set forth, by a UNANIMOUS vote.
Dated: -.5—, 1991
-5-
elw /8 /SCONINN
Will' r ma�
/�)/ // r
Linda F.,JWilliams
C. MaTshall Bea
Peter F D'oo ey
MichaoT 4. O' ara
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held at
1:00 P.M., Friday, February 15, 1991, in the Town and-County
Building, Broad Street, Nantucket, Massachusetts, on the
Application of:
SCONSET INN, INC.
Board of Appeals File No. 009 -91
Applicant is seeking relief by Special Permit under Section
139- 7(D)(5) for an employer dormitory, and a Variance under
Section 139 -32 for (1) a waiver of parking requirements under
Section 139 -18 to permit the premises to laid out in accordance
with a proposed parking plan having twelve (12) parking spaces
(with fifty -nine (59) spaces said to be required for all present
and proposed uses, of which fifty -five (55) are required for the
present use and allegedly grandfathered, with four (4) additional
spaces under the proposed use) and (2) a waiver of the
requirement under Section 139 -19(D) requiring a driveway width of
at least twenty (20) feet; the existing driveway is fifteen (15)
feet wide.
Applicant proposes to relocate three cottages to the
premises, joining two of the cottages as one building, and
joining the other cottage with an existing employer dormitory
structure on the premises; the total number of dwelling units on
the premises will be two. See Board of Appeals Files 002 -82,
013 -85.
The premises are located at 9 NEW STREET, SIASCONSET,
Assessor's Map 73.1.3, parcels 38 and 39, and Assessor's Map
73.4.2, parcel 13, as shown on Land Court Plan 14696 -C, Lot 2,
and in Plan Book 17, page 123, Lot 3. The premises are zoned R -1
and ROH. �� �j
e3�E � %Lpichter, Chairman
BoA Form 1 -89
Owner's name(s):
NANTUCKET ZONING BOARD OF APPEALS Date
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554 CASE No. X'"L
APPLICATION FOR RELIEF
h Tnn. Tnr
Mailing address: c/o Reade & Alger P C , P 0 Box 2669, Nantucket•
MA 02584_
Applicant's name: same
Mailing address:
map and parcel number 73.1.3 -38, 39; 73.4.2 -13
Location of lot: Assessor's
Street address: 9 New Street, Siasconset
L d CC 1 p1 Bk & pg �' &
�� �b -Ct Lot / '173, Lot 3 and land descri in a 90 -1Z�-
Date lot acquired: 5 2 /gam Deed Ref Cert.6844;Zoning district R -1; R-OH
I -42 -5U -190 -129
Uses on lot - commercial: None _ or Restaurant
MCD? No
- number of: dwellings?1*(pcfu�ex) apartments_ rental rooms_
Building date(s): all pre -8/72? No or C of 0 ?_
Building Permit appl'n. Nos. 2316 -82; 2661 -83; 4039 -85
Case Nos. all BoA applications, lawsuits: 002 -82; 013 -85
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 X if Variance, 139 -30A X if a Special Permit (and 139 -33A
if to alter or extend a nonconforming use). If appeal per 139 -31A
& B _ attach decision or order appealed. OK to attach addendum .
See attached addendum.
Items enclosed as part of this Application: orderl addendum2 X
Locus map x Site plan X showing present x +planned structuys
Floor plans present proposed elevat of ns X (HDC approved? )
Listings lot area frontage setbacks GCR— parking data
Assessor- certifieTaddressee Tist 4 sets X ma ling labels 2 sets X
200 fee payable to Town of Nantucket X proof 'cap' covenant
(if an appeal, ask Town Clerk to sent -B 1 Comr 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 rjury.
SIGNATURE: (/ Applicant _ Attorney /agent X
3(If not owner or owner's attorney, enclose proof of authority)
FOR BoA OFFICE USE
Application copies reed: 4JZor_ for BoA on by
One copy filed with Town Clerk on 2J` by compl /eteD.
One copy each to Planning Bd and Building Dept
$200 fee check given Town Treasurer on /�bY waived?
Hearing notice posted�L mailedy I & M���,
Hearing (s) on__J__J_ cont' d to__J--J_, withdrawn ?_--/_,_/_
Decision due by_/_/_ made__f__J_ filed TC_/--J_, mailed__J__J_
See related cases lawsuits other,
i
ADDENDUM TO APPLICATION
OF SCONSET INN, INC.
( - 91)
The subject premises (the "Locus ") consists of three parcels
of land, as shown upon the "As -Built Plot Plan" dated December
11, 1990, by Nantucket Surveyors, Inc.
The applicant acquired Lot 2 on Land Court Plan 14696 -C and
Lot 3 on Plan Book 17 -123 on May 24, 1973. It acquired the
additional land described in deed recorded in Book 190, Page 129,
on April 2, 1982. Only Lot 2 has any frontage on any street (New
Street), and accordingly all three parcels are considered as
merged together for zoning purposes.
The Locus has been improved with a restaurant building
(formerly also including an inn for transient accommodations)
since a time well prior to the 1972 adoption of the Nantucket
zoning by -law; the restaurant and inn originally opened in 1909.
This restaurant, the internationally famous "Chanticleer ", has
been operated by the applicant's principal stockholder,
Jean - Charles Berruet, since 1970.
As shown upon the As -Built Plot Plan, the existing
restaurant building runs along virtually the entire frontage of
the Locus on New Street. In the area behind the restaurant
building are found a building used as the Chanticleer's office; a
wine storage building constructed pursuant to the Board's
decision in Case No. 013 -85; a freezer; and a dwelling used as a
dormitory for employees of the Chanticleer. The remainder of
this area contains a driveway, an herb garden, a dirt area which
has been cleared for parking, and areas of trees, bush and
natural vegetation which effectively screen the restaurant from
the surrounding residences. The only means of vehicular access
to this rear area is over a Way, 15 feet wide, leading from King
Street to the Locus.
Immediately to the west of the Locus is a parcel of land
which was recently purchased by the Siasconset Casino Associates,
Inc., from members of the Kenneth Coffin family, which has been
used as a garage and storage area for construction equipment,
another nonconforming use which pre- existed the zoning by -law.
Immediately to the west of the former Coffin parcel is a lot,
formerly owned by 'Sconset Enterprises, Inc., also recently
purchased by the Siasconset Casino Association, Inc., shown as
Lot 1 on Plan Book 17 -123. A Ground Lease was entered into on
May 24, 1973, between 'Sconset Enterprises, Inc., and the
applicant, by which the applicant was allowed to maintain and use
three frame cottages owned by the applicant upon Lot 1. These
cottages have been used by the Chanticleer for the housing of its
employees. With the acquisition of Lot 1 by the Casino
Association, which intends to construct tennis courts upon Lot 1
and the former Coffin parcel, the applicant's Ground Lease for
Lot 1 has been terminated, and the applicant must move its
cottages to another location.
The applicant considers its provision of housing for
employees who need it to be of great importance and, particularly
since many of these employees do not have automobiles, it intends
to move these cottages to the Chanticleer property.
Accordingly, the applicant proposes to relocate these
cottages upon the Locus as shown upon "Proposed Parking Plan #2"
by Nantucket Surveyors, Inc., dated January 17, 1991, as
presented herewith. Two of these cottages will be joined
together as one building, and the other will be joined with the
existing employer dormitory structure. Employer dormitories are
so defined as to be "dwellings" under the 1991 Zoning By -laws,
and only two buildings constituting "dwellings" may be
constructed upon any lot. This configuration achieves compliance
with this requirement.
As to parking requirements, it has been the practice of the
Chanticleer's management to require all employees to park on the
Chanticleer property, in the open area behind the restaurant
building, served by the Way leading from King Street. However,
since the driveway can be reached only by traveling on King
Street, a narrow residential street, and the Way is simply a
narrow driveway between two residential properties, management
has discouraged customers from parking in this area. Customer
parking is, as a practical matter, adequately provided on New
Street.
The commercial buildings erected upon the Locus are not
proposed to be expanded; accordingly, the numbers of parking
spaces required for the existing commercial uses do not come into
play in this application. Under By -law Section 139- 18.A(1), the
enlargement of a building requires provision of parking spaces
for the existing building when enlarged as if it were newly
constructed. Therefore, the only requirement for increased
parking relates to the employer dormitory buildings. However, as
to numbers of parking spaces required for the existing uses, the
applicant submits the following computation:
Use
Number of Parking
Spaces Required
Restaurant, 160 seats 40
Employees (38 at maximum
shift) 13
Employer dormitory for 2
persons 2
Total 55
The application involves construction of an additional
employer dormitory for four occupants, which requires three
spaces, and enlargement of an existing employer dormitory from
two - person occupancy to four - person occupancy, which requires one
additional space. These additional parking spaces would increase
the number required, in total, from 55 to 59.
The total number of parking spaces which can as a practical
matter be provided on the Locus is 27, as shown upon "Proposed
Parking Plan #1" as submitted herewith. (Additional spaces would
involve destruction of the herb garden or of the garden -patio
area at the front of the restaurant, one of Nantucket's most
cherished and beautiful landmarks.) Even this plan, however,
involves removal of several large, mature trees, as well as areas
of shrubbery which screen the restaurant and its outbuildings
from neighboring properties. Therefore, the applicant prefers to
lay out the parking area in accordance with "Proposed Parking
Plan #2 ", with twelve parking spaces. Since the proposed
addition of the cottages from the 'Sconset Enterprises property
will not involve any increase in commercial activities, and since
no parking was provided on the former site of these cottages, the
practical result is that no additional parking is necessary.
Accordingly, the applicant requests relief as follows:
1. Granting a Special Permit for an employer dormitory,
pursuant to By -law Section 139- 7.D(5).
2. Granting a variance under Section 139 -32 for a waiver of
parking requirements under Section 139 -18 to permit the Locus to
be laid out in accordance with "Proposed Parking Plan #2 ", with
twelve parking spaces to be provided, and also a waiver of the
requirement under Section 139 -19.D, requiring driveway widths to
be at least 20 feet wide; the width of the Way leading from King
Street and the separation between the office building and wine
storage building is in each instance about fifteen feet.
Respectfully submitted,
SCONSET INN, INC.
By it's ,?attorney,
f•
'At ur I. Reade, Jr.,
kah /8 /SCONSET2