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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