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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