HomeMy WebLinkAbout016-96 0 IO - 9(o
,dorruck4), TOWN OF NANTUCKET
ki
. BOARD OF APPEALS
%ORAT60. NANTUCKET, MASSACHUSETTS 02554
Date: April , 1996
To: Parties in Interest and• Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No. : 016-96
Owner/Applicant: NANTUCKET ROOST ASSOCIATES, AS OWNER
AND DEBRA TITUS AND JOHN BENNETT AS CONTRACT
PURCHASERS
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 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 .
Michel . O 'Mara - Chairman
cc : Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING- TO NANTUCKET
ZONING BY-LAW §139-30I ( SPECIAL PERMITS) ; § 139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS .
NANTUCKET ZONING BOARD OF APPEALS
37 Washington Street
Nantucket, Massachusetts 02554
Assessor' s Map 42 .4 .4, Parcel 59 Land Court Plan 10562-C
9 Cliff Road Lot 4
Residential-1 Certificate of Title No . 12568
DECISION:
1 . At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, March 8, 1996, at 1 : 00 P.M. , in the
Selectmen' s Meeting Room, in the Town and County Building, Broad
Street, Nantucket, Massachusetts, the Board made the following
decision on the application of NANTUCKET ROOST ASSOCIATES, as
Owner, and DEBRA TITUS and JOHN BENNETT, as Contract Purchasers,
c/o Reade & Alger Professional Corporation, Post Office Box 2669 ,
Nantucket, Massachusetts 02584 , File No. 016-96 :
2 . This is an application in connection with an eleven-unit
lodging establishment commonly known as "Cliff Lodge" . The pre-
existing nonconforming nature of the Locus has been established
in Board of Appeals File No. 046-86 . The applicant currently
provides four (4) of the required thirteen (13) parking spaces
on-site, calculated with up to four (4) employees at peak shift .
The applicant wishes to regularize the parking situation as it
presently exists by requesting the following relief :
(a) A SPECIAL PERMIT under Nantucket Zoning By-law
§139-18 .B (1) , to permit the use of off-site premises (Lot 5 on
Land Court Plan 10562-C) to meet a portion of the off-street
parking requirement by easement .
(b) A SPECIAL PERMIT under Nantucket Zoning By-law
§139-18 .B (2) , to relieve the requirement to provide four (4) of
the required thirteen (13) parking spaces, being 300 of the total
required, being the maximum reduction allowed by special permit
in the area outside the Core District and the Resident Parking
Permit District by §139-18 .B (4) , reducing the total number of
required spaces to nine (9) .
(c) A VARIANCE under Nantucket Zoning By-law §139-32 ,
from the parking requirements of §139-18 , to further reduce the
number of required parking spaces to eight (8) .
(d) In the alternative to Item (c) , a VARIANCE from
the parking requirements under Nantucket Zoning By-law §139-
18 , C (1) , to enable placement of one (1) parking space upon the
Locus with access directly from Cliff Road, notwithstanding the
requirement that parking spaces (except those for single and two-
family dwellings) be so arranged as to not require backing of
vehicles into any street or way used by the public .
1
The subject property (the "Locus" ) is situated at 9 CLIFF ROAD,
Assessor' s Map 42 .4 .4, Parcel 59, is shown upon Land Court Plan
10562-C as Lot 4 , and is zoned as RESIDENTIAL-1 .
3 . Our decision is based upon the application and
accompanying materials, and representations and testimony
received at our public hearing. There was no Planning Board
recommendation. There was concern expressed by neighbors at the
public hearing that the actual provision of additional parking
spaces with access from North Avenue, as proposed by the
applicant would have an injurious effect upon the neighborhood;
while they expressed no opposition to the continued operation of
the lodging house upon the Locus as now used, they opposed the
creation of additional parking spaces upon the Locus or upon Lot
5 .
4 . As set forth in the decision in Board of Appeals Case
No. 046-86, the use of the building upon the Locus as an eleven-
unit lodging house, while nonconforming in the Residential-1
zoning district in which the locus is situated pre-exists the
effective date of the Nantucket Zoning By-law in 1972 . In that
case, the Board reversed a decision of the Building Inspector,
which denied a permit to remodel the building upon the Locus in
order to bring two guest rooms into compliance with Building Code
requirements and thus restore them for lawful occupancy. The
Board' s decision contained the following paragraph, relating to
parking requirements for the uses upon the locus :
6 . Where Applicant asserts that the off-
street parking spaces required by the Zoning
By-Law have always been available on the
premises, no question is presented of a claim
to grandfathering of any nonconformity in
this respect . Applicant will presumably
comply with the parking requirement
corresponding to 11 rental guest rooms .
The owner/applicant, Nantucket Roost Associates, now
represents that it had no knowledge of any representation
purportedly made on its behalf that the required off-street
parking spaces were provided upon the Locus . The total number of
parking spaces for an eleven-unit lodging house, situated outside
the Core District and the Resident Parking Permit District, as
calculated under the Table of Parking Requirements in Nantucket
Zoning By-law §139-18 .D, is twelve (three spaces, plus one space
for each rental unit over two) ; in addition, one space is
required for employees (not to exceed four employees at peak
shift) , for a total of thirteen. In fact, the total number of
parking spaces actually provided upon the Locus is four. The
owner/applicant now offers to secure an easement for parking
spaces upon the adjacent land owned by Northeast Realty Trust
shown as Lot 5 on Land Court Plan 10562-C, which would enable
(together with the use of part of the locus) provision of an
eight-space parking area, complying with all dimensional
2
requirements of the Zoning By-law, along the frontage of the
Locus and Lot 5 on North Avenue and North Avenue Extension.
5 . All persons appearing at our public hearing indicated
that no parking has ever been provided upon the Locus other than
the four spaces now existing, and the language to the contrary in
the decision in Board of Appeals Case No. 046-86 is in error.
The present manager of the lodging house described her efforts tc
prevent a parking problem by advising prospective guests that
automobiles would not be necessary or advisable during their
stays, and several neighboring property owners informed the Board
that, as a practical matter, parking has never been a problem for
the Cliff Lodge; the four existing spaces are more than adequate
to meet demand by employees and guests . The Board considered the
placement of any parking space at the Cliff Road frontage of the
Locus to be inadvisable in the light of traffic safety and loss
of on-street parking.
6 . However, the neighboring property owners opposite the
Locus on North Avenue and North Avenue Extension expressed great
concern and displeasure at the prospect of additional parking
spaces being placed on Lot 5, across from their property. They
indicated that, as a practical matter, the existing parking
spaces are in somewhat tight quarters, because North Avenue
Extension is very narrow, and that cars backing out of these
spaces sometimes damage their fence . They further expressed
worry that additional parking spaces, which they likewise
consider unnecessary to adequately serve the parking needs of the
uses upon the Locus, will attract parking by opportunistic
trespassers .
7 . Based upon this expression of neighborhood concern and
constructive comment, the Board determined that a solution which
would preserve the present parking conditions upon the Locus
would be advisable . The Board found that practical difficulties
and physical space limitations prevent locating the required off-
street parking spaces on the same lot with the uses requiring
such spaces, that compliance with the provisions of §139-18 of
the By-law would be contrary to sound traffic and safety
considerations, and that granting special permit relief would be
in harmony with the general purposes and intent of the Zoning By-
law. Accordingly, by a UNANIMOUS vote, the Board voted to grant
relief by SPECIAL PERMIT under By-law §139-18 .B (1) to allow that
portion of Lot 5 which is now encroached upon by the parking area
for the Locus to be used by easement to provide part of the off-
street parking for the Locus, and to grant relief by SPECIAL
PERMIT under By-law §139-18 .B (2) to reduce the number of required
parking spaces by 300, from thirteen to nine .
8 . The Board further found that owing to circumstances
relating to soil conditions and topography, specifically the
steep slope of the Locus from Cliff Road down to North Avenue and
North Avenue Extension, especially affecting the Locus but not
affecting generally the zoning district in which it is located, a
3
literal enforcement of the provisions of this Zoning By-law would
involve substantial hardship to the owner/applicant, and that the
desired relief may be granted without substantial detriment to
the public good, and without nullifying or substantially
derogating from the intent or purpose of the by law.
Accordingly, by UNANIMOUS vote, the Board voted to grant a
VARIANCE under §139-/8 of the By-law, to further reduce the
number of required parking spaces to four.
9 . The relief granted hereby is upon the condition that the
applicants shall secure and record a permanent easement from the
owners of Lot 5, for the portion of the parking area and
surrounding walkway shown as "Gravel Parking" and "Brick Walk"
lying within Lot 5, as shown upon the Easement Plan by Nantucket
Surveyors Inc . , dated March 11, 1996, a copy of which is attached
hereto as Exhibit A. '"1
Dated: /Qro7 LC- , 1996
Michael J. •'Mara
n•a F. Liam c
14 dle . ne
NLichael Angela
. ,Ll� c (\,F
Nan y J. v ns
f:\wp\nanroost\boa01696.dec
�PWN CCLERK'S OFFICE
NANTUCKET. M , 02554
APR 0 5 '1996
TIME:
CLERK:
4
• Lc, YL_ to:[e'y�' �J @Y
,,oy
�r
' 00
ti NIV,{wooD'FFac. � ._.y.o., Ao•
�, Jy f h\�i�
,y(• ..,..--j °1‘ • ii.i
• TN
0
. ` bL
1'l 1 \ x .)
I. Y. Y
S
_/.O of C V';,
I 'Q•i
'1RILIt{TI�..DCL ��11 •,4t
hT.IIR.W, i `�` 1 P V J
� � � J
LoT q y Ib ,I. i1.
•
S J 1JTLLC-L:T BOO T '4----t14o j.y.NIGH H,uep PCJ-,.e..
Ahho.-1 AT0"7
6 MAP 4'L4 .4. Pw i9
15- LL 1•L.b542,, L✓GEPT71.7w, .
1
LAT4--.. ,
Jr �T0
. ,ill i • 0. ,../
IL 1 0
r se.
• . J4c o. • '.\
a l a as ye,
'a. 5 a ��∎1 01 l.-ra. C
111 lyJ
•
1
lWgWU �s / , q/
%L hr.Y• 1.. 1
O
■
/^ ,..,
to
u•
"2'14 1,4 Woo. V 1+._6 ',/
V
V�
•
•
AIE-N 1 --1T YL'A4-4 '
. `" DF <.\ NANTUCKET, MASSACHUSETTS
fRICHARD Gam\ SCALE: 1°=3o' DATE:311119(o
La EARLE c'' PREPARED FOR:
•
No. 29416 ��/. 1'{AI`1-TU[- firK Jr L�i''XX,IaTEh
DEED AND D LINES SHOWN ARE TAKEN
REFERED TO FROM \`� 'PfCISTERC" Q4 1
ANT CKET Z'RVEYO Te. .,T
J' NANTUCKET SURVEYORS INC.
ETC. ARE PLOTTED FROM FIELD MEASUREMENTS. GI 'ol 5 WINDY WAY•��/ NANTUCKET, MA. 02554
EED REFERENCE:L T'Ij ,
PLAN REFERENCE:L..11,.056y.e.,
ASSESSOR'S MAP:4t.4'1 PCL. ,c.1
to,HTUCre), TOWN OF NANTUCKET
3:0
° ' BOARD OF APPEALS
•
yc%ORA1I NANTUCKET, MASSACHUSETTS 02554
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS
will be held at 1 : 00 P.M. , FRIDAY, MARCH 8 , 1996, in the
Selectmen ' s Meeting Room, Town and County Building, Broad Street ,
Nantucket, Massachusetts , on the Application of the following:
NANTUCKET ROOST ASSOCIATES FOR ITSELF AS OWNER AND FOR DEBRA TITUS
AND JOHN BENNETT, CONTRACT PURCHASERS
BOARD OF APPEALS FILE NO. 016-96
This is an Application in connection with an eleven-unit
lodging establishment commonly known as "Cliff Lodge" . The
pre-existing non-conforming nature of the Locus has been
established in Board of Appeals File No. 046-86 . Applicant
currently provides four ( 4) of the required thirteen parking
spaces on-site with up to four (4) employees at peak shift .
Applicant wishes to regularize the parking situation as it
presently exists by requesting the following relief :
1 . A SPECIAL PERMIT under Nantucket Zoning By-Law
§ 139-18B( 1 ) , to permit the use of off-site premises (Lot 5 ) to
meet a portion of the off-street parking requirements by easement .
2 . A SPECIAL PERMIT under Nantucket Zoning By-Law
§139-18B( 2 ) , to relieve the requirement to provide four (4) of the
required thirteen parking spaces ( 30%) of the total as allowed in
the area outside the Core District and the Resident Parking Permit
District by §139-18B(4) , reducing the total number of required
parking spaces to nine ( 9 ) .
3 . A VARIANCE under Nantucket Zoning By-Law §139-32 , from
the parking requirements of § 139-18 , to further reduce the number
of required parking spaces to eight ( 8 ) .
4 . In the alternative to Item 3 , a VARIANCE from the
parking requirements under Nantucket Zoning By-Law §139-18C( 1 ) , to
enable placement of one ( 1 ) parking space upon the Locus with
access directly from Cliff Road , notwithstanding the requirement
that parking spaces (except for those for single and two-family
dwellings ) be so arranged as not to require backing of vehicles
into any street or way used by the public .
The premises is located at 9 CLIFF ROAD, Assessor ' s Map
42 . 4 . 4 , Parcel 59 , Land Court Plan 10562-C, Lot 4 . The property is
zoned Residential-1 .
7/2 CCC-JJ0 ; /( CIA
Michael J . O ' Mara , Chairman