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.Form 3 -89
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
March 6 , 199,
To: Parties in interest and others
concerned with the decision of the
Board of Appeals in Application No. 014 -91
Of.' R? rt hpl et".t e Cornet l Realty Trust, Roaer
Schmidt, Trustee
Enclosed is the decision of the Board of Appeals which has
this day been filed with 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 a complaint in court within twenty (20) days after
this 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 received within such twenty
(20) days.
r
William R. Sherman,_Vice- Chairman
cc: Town Clerk
Planning Board
Building Commissioner
t
ZONING BOARD OF APPEALS
South Beach Street
Nantucket, Mass. 02554
Map /parcel 42.3.4 -81
18 Gardner Street
R -1
At a Public Hearing of the BOARD OF APPEALS held at 1:00
P.M., Friday, February 15, 1991, in the Town and County
Building, Broad Street, Nantucket, Massachusetts, on the
Application of BARTHELETTE CORNELL REALTY TRUST, Roger Schmidt,
Trustee, 18 Gardner Street, Nantucket, Mass. 02554, Board of
Appeals File No. 014 -91, the Board made the following Decision:
1. Applicant seeks a Modification of a Special Permit issued
in Board of Appeals File No. 066 -90, to change a restriction on
use of a portion of the basement on the premises. The present
restriction allows use of the basement for storage and mechanical
equipment, uses ancillary to the guest house and dwelling on the
premises. The proposed modification would allow as a permitted
use a second dwelling unit, the existing apartment for staff
quarters in said basement, on the condition that said dwelling
unit not be converted to a guest room to be rented to third
parties. See Board of Appeals File No. 066 -90. The premises are
located at 18 Gardner Street, Assessor's Map 42.3.4, parcel 81,
as shown on Land Court Plan 10875 -D. The property is zoned R -1.
2. Our findi are based upon the Application and papers filed
therewith, the representations, testimony and evidence, both oral
and documentary, presented at the hearing, a letter in
opposition from one abutter, and an unfavorable recommendation by
the Planning Board.
3. Applicant stated that the present condition of the structure
included two kitchens, one in the basement, used in connection
with the existing manager's apartment, and one on the first
floor, used for the inn. The plan approved by the Board of
Appeals in 066 -90 allowed relocation of the manager's apartment
to the second floor of the building, but it did not include any
relocation of the kitchens. Applicant argues that the purpose of
the move was to provide better accommodation for the manager and
his family, but that use of the basement apartment for staff was
necessary for financial reasons. Because the relief granted in
066 -90 reduced the number of guest rooms by one, and because the
staff already had quarters in another section of the structure,
the use of the premises would not be made more intense by
allowance of the requested modification, according to Applicant.
4. One abutter speaking in favor of the requested relief said
that moving the staff from their present rooms at the rear of the
structure to the basement would benefit the neighbors by
providing a more private entrance for the staff, away from
abutting residences, which assumes that the staff quarters are on
the premises.
5. Opponents stated that, at the Public Hearing on 066 -90,
Applicant had given as one of the reasons for wanting to move the
manager's apartment from the basement the fact that, due to poor
drainage, the space was excessively damp and not suitable for
habitation. Further, it was alleged that, when the subdivision
of the original lot had been allowed by the Planning Board, there
was included a covenant prohibiting more than one dwelling on a
lot, and that having two kitchens in the building already
violated that covenant if that resulted in there being two
dwelling units already on the premises.
6. Upon a motion made to find that the proposed use of the
premises would not be more detrimental to the neighborhood than
the present use and to approve the modification of the Special
Permit as granted in 066 -90 and allow staff quarters in the
basement, by a vote of 2 -3 (Williams and Dooley for; Sherman,
Beale and O'Mara opposed) the motion failed and the requested
relief was DENIED.
Date: 1", T jq`G
William R. Sherman
Linda F. Williams
le-IZ-111 49
Peter Dooley
e i i � IA�X s�i99/ �a� �uu
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BoA Form 1 -89
R
Owner's name(s):
Mailing address:
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554
APPLICATION FOR RELIEF CASE No.6�, -
Cornell Realty Trust, Roger Schmidt, Trustee
18 Gardner Street, Nantucket, Massachusetts 02554
Applicant's name: Roger and Mary Schmidt
Mailing address: same
Location of lot: Assessor's map and parcel number 4234 _ 81
Street address: 18 Gardner Street, Nantucket, Massachusetts 02554
Registry Land Ct Plan, 10875 -D Lot
Date lot acquired:4 /� 88 Deed Ref _,_ Zonipg district R -1
Uses on lot - commercial None _ or Guest House MCD ?_
- number of: dwellings 1 duplex_ apartments_ rental rooms 12
Building date(s): all pre -8/72? _yesor
Building Permit appl'n. Nos. 066 -90
Case Nos. all BoA applications, lawsuits:
C of O ?_
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 to alter or extend a nonconforming use). If appeal per 139 -31A
& B _ , attach decision or order appealed. OK to attach addendum .
The Applicant seeks a modification of Special Permit No. 066 so as to
clarify Paragraph 6 of said Special Permit in accordance with the modification
of Special Permit Decision annexed hereto as Exhibit "A." Said modification
will clarify the original Special Permit and not be substantially more
detrimental to the neighborhood than the relief granted in Special
Permit No. 066 -90.
Items enclosed as part of this 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- certifie3 addressee Iist 4 sets -Tmailig labels 2 sets_
200 fee payable to Town of Nantucket proof 'cap' covenant
(If an appeal, ask Town Clerk to send Bldg Comr ss record to BoA.)
I certify that the requested information submitted is substantially
complete and true t the est of my knowl cage, un er t e ins n
peAalties of perjur I ,(f .1
SIGNATURE: �"� / `icant G Attorney/ gent X
Kevin 1. Dale/, At orney for h Cornell Realty Trust
3(If not owner owner's attorney,' Aclose proof of authority)
FOR �Ior— A OFFICE USE ( /
Application copies rec d: 4 for BoA on�5 :7 b�
One copy filed with Town Clerk on_ /_/_ by 6&d complete?
One copy each to Planning Bd and Building Dept_ /_/_ by U�
$200 fee check given Town Treasurer on_J�_ by waived ?_ V
Hearing notice posted_/_ mailed_/_ I &
Hearing(s) on _/_/_ cont'd to_/_/_, �_/_ withdrawn?_/_—/_
Decision due by_/_/_ made_/_ filed TC_/_/_ mailed_/_
See related cases lawsuits other
MODIFICATION OF SPECIAL PERMIT DECISION
The BOARD OF APPEALS hereby modifies the Special Permit
granted to Barthelette Cornell Realty Trust, Roger Schmidt,
Trustee (066 -90) dated December 14, 1990, and recorded in
Book , Page at the Nantucket Registry of Deeds as
follows:
Paragraph 6 of the Special Permit is amended as follows:
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
Applicant to obtain a Building Permit from the Nantucket
Building Commissioner to allow such construction on the
following conditions:
(a) No commerical use shall be conducted on the
premises except a guest house use, which use shall be reduced to
eleven (11) guest rooms;
Premises;
(b) No more than one (1) dwelling unit on the
(c) Use of the basement shall be restricted to storage
and mechanical equipment, uses ancillary to the guest house and
dwelling on the Premises, including a dwelling unit for staff
Page One
quarters in said basement on the condition that said dwelling
unit not be converted to a guest room to be rented to third
parties;
(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
(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 Districts
Commission.
Dated: January , 1991
Nantucket, MA
Linda F. Williams
William R. Sherman
Robert J. Leichter
Mr. Michael O'Mara
C. Marshall Beale
Page Two
a
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554- -/ ,
Date: December ! ,
CERTIFICATE OF GRANTING OF 1XII$X.I1 SPECIAL. PERMIT
(Massachusetts General Laws, Chapter 40A, Section 11)
19 90
The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies
that a SPECIAL PERMIT has been GRANTED:
To:(Owner /Applicant)
Barthelette Cornell Realty Trust, Roger
Schmidt, Trustee (066 -90)
Address: 18 Gardner Street, Nantucket, MA 02554
affecting the rights of the Owner /Applicant with respect to land or
building at: -
18 Gardner Street, Assessor's .Map 42.3.4, Parcel 88,
Shown as Lot 1 on Land Court Plan No. 10875 -D
Deed Reference:
And the BOARD OF APPEALS further certifies that the attached
Decision is a true and correct copy of its Decision GRANTING the
VAMXDffl )WidVff3X SPECIAL PERMIT and that copies of the Decision and of
all plans referred to in the Decision have been filed with the Planning
Board and the Town Clerk.
The BOARD OF APPEALS calls to the attention of the Owner/
Applicant that General Laws, Chapter 40A, Section 11 (last paragraph)
provides that no XV MX=XX&J;&aX SPECIAL PERMIT, or any EXTENSION,
MODIFICATION or RENEWAL thereof, shall take effect until (a) a copy of
the Decision is certified by the Town Clerk that TWENTY (20) days have
elapsed after the Decision has been filed in the office of the Town
Clerk and no appeal has been filed (or, if such appeal has been filed,
that it has been dismissed or denied) and (b) the certified copy is
recorded in the Registry of Deeds for the County of Nantucket and
indexed in the grantor index under the name of the Owner of Record or
is recorded and noted on the Owner's Certificate of Title. The fee for
hall be paid by the Owner /Applicant.
Clerk
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 Decisiontof 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 received- ,within such TWENTY
('20) days.
obert,.,0! _,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 RESIDENTIAL -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 "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
line 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
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
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 t%p,
Application of:
BARTHELETTE CORNELL REALTY TRUST, Roger Schmidt, Trustee
• Board of Appeals File No. 014 -91
Applicant is seeking a Modification of a Special Permit
issued in Board of Appeals File No. 066 -90, to change a
restriction on use of a portion of the basement on the premises.
The present restriction is for storage and mechanical equipment,
uses ancillary to the guest house and dwelling on the premises.
The proposed modification would retain as a permitted use as a
dwelling unit the existing apartment for staff quarters in said
basement on the condition that said dwelling unit not be
converted to a guest room to be rented to third parties. See
Board of Appeals File No. 066 -90.
The premises are located at 18 Gardner Street, Assessor's
Map 42.3.4, parcel 81, as shown on Land Court Plan 10875 -D. the
property is zoned R -1.