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HomeMy WebLinkAbout014-91oil -�/ .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 � 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.