HomeMy WebLinkAbout050-91TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
Nantucket, Mass. 02554
0 540 -,t7/
To: Parties in Interest and Others concerned with the Decision
of the BOARD OF APPEALS in the Application of the following:
Application No. 050 -91
Owner /Applicant: FRED M. DELLORFANO and JOHN P. MANNING, TRUSTEES
OF HISTORIC NANTUCKET NOMINEE TRUST, owner, and NANTUCKET
SETTLEMENTS, rental agent
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, Massachusetts General Laws.
Any action appealing the Decision must be brought by filing a
Complaint in court within TWENTY (20) days after this day's date.
Notice of the action with a copy of the Complaint and a certified
copy of the Decision must be given to the Town Clerk so as to be
received within such TWENTY (20) Aays. A
Date:
cc: Town Clerk
Planning Board
Building Commissioner
ert JXJLeichter, Chairman
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS
DECISION:
The BOARD OF APPEALS at a Public Hearing held on Friday,
July 26, 1991, at 1:00 p.m. in the Town and County Building,
Federal and Broad Streets, Nantucket, made the following
Decision on the Application of FRED M. DELLORFANO and JOHN P.
MANNING, TRUSTEES OF HISTORIC NANTUCKET NOMINEE TRUST, Owner,
and NANTUCKET SETTLEMENTS, Rental Agent (050 -91) with an address
of 313 Congress Street, Boston, Massachusetts 02110:
1. The Applicants seek a finding that the proposed
alteration and extension of a pre- existing, non - conforming four
(4) tni-� residential apartment use to a commercial guest
house use will not be more substantially detrimental to the
neighborhood than the existing use and a modification of an
existing special permit (BOA File No. 017 -86) for a waiver of
one (1) additional parking space required under Section
139 -18(D) of the By -Law. The premises are situated at 95 Orange
Street, Assessor's Map 55.4.1, Parcel 31, Plan Book 23, Page 59,
and zoned R -1.
2. Our findings are based upon the Application papers,
correspondence, plans, representations and testimony received at
our public hearing on July 26, 1991, and prior Special Permit
No. 017 -86. In our prior Special Permit Decision No. 17 -86
affecting the property, this Board made a specific finding that
Page One
the premises consist of a parcel of land containing 1,888 square
feet and a four -unit residential structure which has been in
continuous existence in use since a time prior to the effective
date of the Zoning By -Law in July, 1972. The Board allowed an
addition to the building of 69 square feet and the extension of
the southwesterly and southeasterly building lines of the
existing building. The current ground cover is 46.6% and the
building has been brought into conformity with the Massachusetts
Building Code. In our prior decision, we found that four (4)
off - street parking spaces would be required and only one (1)
off - street parking space is actually provided on the premises.
Further, we found that the provision of additional parking
spaces is impractical. The Applicants seek a finding that the
conversion of the four (4) apartment residential structure to a
commercial guest house will not be substantially more
detrimental to the neighborhood than the existing use and a
waiver of an additional off - street parking space.
3. The Board adopts the findings it made in prior Special
Permit Decision No. 017 -86 and finds further that the conversion
of the four (4) apartment unit structure to a commercial guest
house will not be substantially more detrimental to the
neighborhood than the current use. Specifically, such a finding
will require the owners of the premises to *obtain a guest house
license from the Town of Nantucket and to install a commercial
fire alarm system which will benefit the public safety and
Page Two
welfare. We are also able to modify the prior Special Permit so
as to allow a waiver of five (5) off - street parking spaces
required under Section 139 -18(D) of the By -Law because the
provision of additional parking spaces is impractical and the
owners of the premises have represented that they will
discourage guest house patrons from bringing automobiles to the
Island. For these reasons, the Board finds that the proposed
conversion of the four (4) apartment unit structure to a
commercial guest house is in harmony with the general purpose
and intent of the Zoning Act and the Nantucket Zoning By -Law.
4. The relief granted hereby is upon the condition that
the conversion of the four (4) unit apartment building to a
commercial guest house will require the owners to obtain a duly
issued Guest House Permit from the Town of Nantucket, to install
a fire alarm system in the premises in accordance with local and
state rules and regulations, and to undertake the affirmative
responsibilities to discourage guest house patrons from bringing
automobiles to Nantucket and to provide to neighbors the name,
address and phone number of the manager of the guest house.
5. For the reasons and upon the conditions set forth
herein, the Board of Appeals hereby finds that the proposed
conversion of the residential apartment building to a commercial
guest house will not be substantially more detrimental to the
neighborhood than the existing use and hereby MODIFIES Special
Permit No. 017 -86 so as to waive one (1) additional off - street
Page Three
parking space required under Section 139 -18(D) of the By -Law, by
a UNANIMOUS VOTE.
Dated: September a O 1991
Nantucket, MA
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Page Four
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BoA Form 1 -89
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554
CASE Not.ZJ1:L-J
APPLICATION FOR RELIEF
Owner's name(s) : Fred M. Dellorfano,'Jr. and John P. Manning, Trustees of Historic
Mailing address: 313 Congress Street, Boston, Massachusetts 02110 tucket Nominee Trust
Applicant's name: Nantucket Settlements A4 Q 6,
Mailing address: P.O. Box 1337, Nantucket, Massachusetts 02554
Location of lot: Assessor's map and parcel number55.4.1- 31
Street address: 95 Orange Street
Registry Land Ct Plan, Plan Bk & Pg 23/59 Lot
Date lot acquired: L1 16 87 Deed Ref 788,39 Zoni -pg district R -1
Uses on lot - commercial: None _ or MCD?
- number of: dwellings_ duplex apartments 4 rental rooms_
Building date(s): all pre -8/72? yes or C of O ?_
Building Permit appl'n. Nos. - - ;
Case Nos. all BoA applications, lawsuits: (017 -86)
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 g 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 .
khe Applicant seeks a Special Permit pursuant to Sedtion 139 -33A to•kchange a
pre- existing, non - conforming residential use (4 apartments) to a commercial
guest house use and for a waiver of one (1) off- street parking space
pursuant to Section 139 -18 of this amended By -Law. See Addendum "A ".
• eeerdes�/ � 9/
i�• �
Items enclosed as part.of this Application: orderl addendum2_g_
Locus map R Site plan_ showing-,present +planned "'structures
Floor plans present proposed_ elevations (HDC aapproved? )
Listings lot area % frontage % setbacks % GCR k parking datag
Assessor- certifieTaddressee Iist 4 sets % mail ni g labels 2 set%
1200 fee payable to Town of Nantucket:-X proof 'cap' covenant
(If an appeal, ask Town Clerk to send —Bldg Com s record to BoAT
I certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and
penalties of perjury.
pp tts
bankP�ittSett em 1
SIGNATURE: y Attorney;b , x
ne3 ( If not owner owne s attorney, enclose proof of authority)
FOR Do OFFICE USE
Application copies recd: 4 or for BoA on ��� by
One copy filed with Town Clerk on�� by/ compl /etjj��e ?- C(���(
One copy each to Planning Bd an(�Dui
% ing Dept/ by C PAX-,,
$200 fee check given Town TreasuYeY byL&,& waived ?_
Hearing notice posted � mailedl/S/—(
Hearing (s) on_/_/_ cont' d to —/_/_, _/�_ withdrawn ?_ /_/_
Decision due by_/`/_ made_/_ filed TC_/__/_ mailed_/ _J_
See related cases lawsuits other
Addendum "A"
The Applicant, Nantucket Settlements, seeks a Special Permit
pursuant to Section 139 -30A of the By -Law to permit a change or
substantial extension of a pre- existing, non - conforming
residential use (four (4) apartments) to a commercial guest
house use and for a waiver of one (1) off - street parking space
pursuant to Section 139 -18D of the By -Law.
On March 4, 1986, the Board made findings in Decision No.
17 -86 that the subject premises consist of a parcel of land
containing 11888 square feet and a four -unit residential
structure which has been in continuous existence and use since a
time prior to the effective date of the zoning by -law in July,
1972. The Board also allowed an addition to the building of 69
square feet and the extension of the southwesterly and
southeasterly building lines of the existing building. The
current ground cover is 46.6 %. The building has been brought
into conformity with the Massachusetts Building Code. The Board
also found that the prior renovation of the building required
four (4) off - street parking spaces, one space is provided and
the provision of additional parking spaces is impractical.
A change from residential use to guest house use will
require five (5) off - street parking spaces. One space is now
provided at the premises, three (3) spaces were waived by the
Board in Decision No. 17 -86, and the Applicant seeks a waiver of
one additional off - street parking space.
Conversion of this multi- dwelling building to a guest house
will not be substantially more detrimental to the Orange Street
neighborhood than the existing use and the Applicant
respectfully requests this Board to grant Special Permit
authorizing the guest house and waiving one (1) off - street
parking space.
^ r =,
tip, THfjfE` CC)I 0.fi!SSHUSETI'S
_ Nan ickPt
_
BOARD OF APPFA[_S '
Date: - -~ March 19 86
Certificate of Granting of ltaria oe-ef Special Permit
(General Laws Chapter 40A, Section 11)
The Board of appeals of the City or Town of Nantucket
hereby certifies that a Variances Special Permit has been granted
Fred M. Dellorfano, Jr, and Francine Crawford, Trustees of 95 Orange
Street Realty Trust (017 -86)
Address
City or Town ti
affecting the rights of the owner with respect to land or buildings at 95 Orange Street,
Assessor's Parcel 55.4
And the said Board of Appeals further certifies that the decision attached hereto is a true and
correct copy of its decision granting said vate -- special permit, and that copies of said
decision, and of all plans referred to in the decision, have been filed with the planning board and
the city or town clerk.
The Board of Appeals also calls to the attention of the owner or applicant that General Laws,
Chapter 40A, Section I 1 (last paragraph) provides that no *a6enee- erspecial permit, or any ex-
tension, modification or renewal thereof, shall take effect until a copy of the decision bearing the
certification of the town or city clerk that twenty days have elapsed after the decision has been
filed in the office of the city or town clerk and no appeal has been filed or that, if such appeal has
been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county
and district in which the land is located 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 such recor-
ding or registering shall be paid by the owner or applicant. _
Chairman
r .-`r-
Clerk --
0
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
DECISION:
In the matter of the Application of FRED M. DELLORFANO, JR.
and 'FRANCINE 0. CRAWFORD, Trustees of 95 ORANGE STREET REALTY
TRUST (017 -86), at a meeting of the BOARD OF APPEALS held at 1:30
P.M. on Fr-day, February 28, 1986, at the Town and County Building,
Nantucket, the Board enters the following Decision and makes the
following findings:
1. This is an application for a SPECIAL PERMIT granting
relief from the requirements of Nantucket Code, 5139 -16.A and C
(Intensity Regulations - Ground Cover Ratio and Side Line Sotback),
§139 -33.A (Extension of Prior Non - Conforming Structure). If
granted, the Applicants would be permitted to alter their existing
,non - conforming building containing four dwelling units by making
renovations necessary to bring it into conformity with the
Massachusetts State Building "tode, including the construction of
an addition containing about 69 square feet to 'accommodate a
second means of egress. The subject premises consist of the
property approximately shown on Assessor's Map as Parcel 55.4.1 -32
(Plan Book 23, Page 59), are located at 95 ORANGE STREET) and are
zoned RESIDENTIAL -1.
2. Based upon the application and the materials and testimony
presented at the public hearing, the Board finds that the subject
premises consist of a parcel of land containing 1,888 square
feet, containing a four -unit residential structure which has been
in continuous existence and use since a time prior to the effective
date of the Nantucket Zoning By -Law in July, 1972. Permitted
ground cover for lot of less than 5,000 square feet is 30 %; the
ground cover now upon the premises is 43 %. Minimum lot size in
the zoning district is 5,000 square feet. The required side line
setback is five feet; the existing building is within five feet
from the side property line. The use for four residential units
is. not permitted. Therefore, the premises are nonconforming as
to lot size, ground cover ratio, side line setback, and use.
3. The Board has received plans submitted by the applicants,
showing proposed addition containing about 69.square feet, to be
located within the area defined by the existing building and the
extension of the southwesterly and southeasterly building lines
of the existing building. The applicants represent that it is
their intent to rehabilitate the structure and to bring 'it into
compliance with the Massachusetts State Building Code, including
provision of a second means of egress from all units; at present,
three of the four units have no secondary egress. The Board
finds that there is no practical means of providing such egress
within the existing structure.
Page 1 of 2
4. This Board finds that the proposed addition will not be
substantially more detrimental than the existing nonconforming
structure to the neighborhood, and in fact will serve the public
good by providing compliance with the public- safety provisions of
the Building Code; the fact that the addition will be within the
extended lines of the existing building will minimize any impact
upon the neighborhood. The Board finds, for those reasons, that
the proposed addition is in harmony with the general purpose and
intent of the Zoning Act and the Nantucket Zoning By -Law.
5. Nantucket Code, §139.18.A provides that an enlargement
of any building shall require the provision of off - street parking
for the existing building as if it were newly constructed.
S139.18.I requires one parking space per dwelling unit. Four
spaces would thus be required for the present use of the premises;
only one space is now provided. The Board finds that the proposed
addition will not increase the number of parking spaces required,
and that the provision of additional parking spaces is impractical.
6. The relief granted hereby is upon the condition that the
proposed addition be constructed in accordance with the plans
submitted to the Board with the application in this matter; and
that the ground cover ratio of the premises not exceed 46.6 %.
7. For the reasons and upon the condition set forth, the
BOARD OF APPEALS hereby GRANTS the Applicants relief from the
Zoning By -Law, 5139 -16.A and C, 139 -18, and 139 -33.A, to permit
the construction of the proposed addition, by a SPECIAL PERMIT,
by a UNANIMOUS VOTE.
fin . q, im
4- vvs'tY
a
To4,, e&41
1.
l`ia" d,G1 G
William R. Sherma
Dorothy D. Volians
J'-'- - L a" "
Andrew J. Leddy�
e -�-C A yv
P ge 2 of 2
288
t: Fred M. Dellorfano, Jr. and Francine 0. Crawford; rustees of the 95 Orange St.` j
Realty Trust established u /d /t dated December 10, 1985 and recorded with the
Nantucket County Registry of Deeds in Book 241, Page 255
County. Massachuseus,
)od having a mailing address of 126 High St., Boston, Suffolk ty
j
kin snnJmnd, for consideration paid Z of Nine Hundred Fifty Thousand (950,000) Dollars
i� ggrant to Fred M. Dellorfano, Jr. and John P. Manning, Trustees of tlhe Historic Nantucket
1 Nominee Realty Trust u /d /t dated September 10, 1987 and recorded herewith
i
tag having a mailing address of 126 High St., Boston, Mass :.I.
1
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- rluitrlaim raaruanls
the land is Nantucket, Nantucket County, Massachusetts, known and numbered 95 Orange
Street, and bounded and described as follows:
(De.cription and encumbrances. U any)
Beginning at a drill hole in curb on the corner of Orange
Street and Warren Street, as shown on a plan hereinafter
described, Easterly by said Orange Street, 24.77 feet;
Northerly by land now or formerly of Sarah Seidman 49.59 feet;
Easterly by land now or formerly of said Sarah Seidman 2.50
feet; Northerly by land now or formerly of said Sarah
Seidman 24.00 feet; Westerly along a line parallel with Orange.
Street, 26.93 feet to a rebar with cap as shown on'said
plan; and Southerly along Warren Street 73.60 feet to the
point of beginning. Containing 1,888 square feet, more or
less, according to said plan.
Being the property described in a plan entitled "PLAN OF LAND IN
NANTUCKET, MA as prepared for HIGH STREET DEV. CORP. Scale 1 in. - 10 ft."
dated November 4, 1985 prepared by BARRETT 6 NICHOLSON. Josiah S. Barrett,
Registered Land Surveyor, 3 Martins Lane, Nantucket, Mass..02554,
recorded with the Nantucket Registry of Deeds in Book of Plans 23.
Page 59.
For our title see deed from Robert E. Madden dated December 16. 1985 and
recorded with said Nantucket county Registry of Deeds in Book 241, Page 264.
° COMMONWEALTH OF MASSACHUSEI au
XC
1Z 2 0 0 ol �J- B14 MIS El
COMM NWEAL F MASSACHUSETTS
° COMMONWEALTH OF MASSACHUSETTS
22.00
'iltlutas...» °err .» hands and seal
this....... ». /a �. »..». ...... day 97
.wAr,A..6.ref+..Y.4,CS.1r �,.w>�».�..e.d•a.�t:6.e.
R M. Dellorfano _,Jr.rw cine 0. Craaforda"l..»
of gallon 4 teals
..«.. [.,• ss ........ «. «, �. ....«.............. ».....198"7
Thea ll appeared the above named... «. FER- S�.Xi...p ., .1P.F.�l41lQa..?rr ».ancl, r ancine «.. » « «.
0. Crawfordo Trustees, duly authorized,
»..»....«....«« ..............»..«««. ...................... «.... «... .. « »........« «. «....« ........ .....»»... »........ ».. «........ ».«.. »...
sad adcaoMledged the foregoing instrument to be. «..their. ad sad dead, before me,
KVMjCKV Oak".
11e,.ahriAl tai Nwav P„Wk —Jwdcs at the Pace
Nov 10 1987 a 3: ' y - M
:ti °L G%�� ►.� y- �' xr Commia uo eapt+a:,
F
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TOWN. OF NANTUCKET, MASS.
Certificate of Occupancy No. 4676 -88
This certifies that the......... STRUCTURl; located at No. . .Q ......
Street. a.... NIT MT............ Zone ...... $ -1, ........... conforms substantially to the approved
lot plan and detailed statements for which Building Permit No.... , , , 4676 •-86
••••••••.••.•... was issued
APRIL 1,
... ............................... 19 86 Nantucket
This certificate therefore is issued to . HIGH, STREET DEVELOPMENT CORP . , , to occupy or
use said premises or building or part thereof for the following purpose ................................
................ AI+xRI�QNS. T0..4. Ab�G. I�J�TS...
... CI.Q .15. XQR. AREA. AUSTRTICTFR .....
AND ALTERED UNDER ABOVE.:.PERMIT.
... ............................... ................. ......... ...............................
subject to and in accordance with all the provisions of the Zoning By -Law of the Town of Nantucket.
Dated. ..►X .z4.. �.�$$ ................ . 4BWI����c;;r.
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