HomeMy WebLinkAbout053-96 053 -%
..§AWIT 1.4.1„ TOWN OF NANTUCKET
o- �Ya== BOARD OF APPEALS
•4.0 1 4i
°RPORAW). NANTUCKET, MASSACHUSETTS 02554
Date: October ,3I , 19 96
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No. : 053-96
Owner/Applicant: ROSALIE T. MALONEY,OWNER AND ROBERT AND
CAROLINE TAYLOR, 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 .
D-
Michael J. 0 ' d 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 .
o`osruCMel, TOWN OF NANTUCKET
kt
►- _ BOARD OF APPEALS
•04,pORA?69. NANTUCKET, MASSACHUSETTS 02554
Assessor' s Map 42 . 3 .4 10 Hussey Street
Parcel 105 Deed Ref . 136/285
Residential-Old-Historic
At a Public Hearing of the Nantucket Zoning Board of Appeals held
at 1 : 00 P .M. , Friday, October 4 , 1996 , in the Selectmen ' s Meeting Room,
Town and County Building, Broad Street, Nantucket , MA, on the Application
of ROSALIE T. MALONEY, OWNER AND ROBERT AND CAROLINE TAYLOR, CONTRACT
PURCHASERS of 10 Hussey Street , Nantucket, MA 02554 and 5 Chestnut
Street , Nantucket, MA 02554 , respectively, Board of Appeals File No .
053-96 , the Board made the following Decision:
1 . Applicants (the Taylors) are seeking a FINDING under M.G.L. c .40A,
§6 , that the proposed alterations are not substantially more detrimental
to the neighborhood than the existing non-conforming use/structure
and/or a SPECIAL PERMIT under Nantucket Zoning By-Law §139-33A
(alteration/expansion of a pre-existing non-conforming use/structure) .
Applicants propose to enclose the 160+ square-foot two-level existing
unenclosed porch that is located on the easterly side of the existing
fifteen ( 15) unit guest house which would increase the ground cover ratio
from 41 . 0+% to 45 .4+% (unenclosed porches and decks not being counted as
ground cover) in a district that requires a maximum ground cover ratio of
30% for undersized lots . They also propose to add a third-floor dormer
within the existing footprint of the structure and add an outside stairway
onto the rear of the structure . The number of rental units will be
reduced from fifteen ( 15) to twelve ( 12) and a portion of the space will
be used as a separate dwelling unit for the owners/manager(s) . The
existing guest house structure is non-conforming as to side yard setback,
being sited 2 . 2+ feet from the westerly side yard lot line at its closest
point in a district that requires a minimum side yard setback of five ( 5)
feet . The deck located on the front of the structure is also situated
outside of the lot lines of the Locus . The Lot is non-conforming as to lot
size , having 3650+ square feet of lot area in a district that requires a
minimum lot size of 5 , 000 square feet and is also non-conforming as to
parking, having no spaces provided on site (with none planned after
renovation) . In the alternative, Applicants seek relief by VARIANCE
pursuant to Nantucket Zoning By-Law §139-32A from the requirements of
Zoning By-Law 139-16A to complete the project as proposed and to the
extent necessary, a SPECIAL PERMIT under Zoning By-Law §139-18 (parking
relief) as enlargement of any building shall require the provision of
off-street parking for the existing building when enlarged as if it were
newly constructed .
The premises is located at 10 HUSSEY STREET, Assessor ' s Map 42 . 3 . 4,
Parcel 105 . The property is zoned Residential-Old-Historic .
@. Our Decision is based upon the Application and materials submitted
with it and the testimony and evidence presented at the Hearing. The
Planning Board had no objection to grant of relief under Zoning By-Law
§139-33A and p139-18 but felt that there were no grounds for the grant of
Variance relief . There were seven (7) letters in favor of the project and
one ( 1 ) petition in support submitted by the Applicants that represented
sixteen abutters ( 16) . One ( 1 ) abutter and one ( 1 ) interested party spoke
in favor of the project at the meeting. Abutters cited the integrity of
the Applicants , the much needed upgrading of the property, the presence of
the owners or a manager living on-site and the decrease in number of
rental units as reasons for their support . One ( 1 ) abutter to the rear of
the subject property spoke against the plan and expressed concern about the
visibility of the alterations , particularly the new exterior stairway, and
the possible loss of the historic integrity of the structure .
3 . Applicants , through their attorney, represented that they were the
contract purchasers of the guest house that was built in 1838 and that it
had been used continuously as a guest house since a time prior to the
enactment of the Zoning By-Law in 1972 (since September of 1971 ) .
Applicants propose to enclose the existing two-level unenclosed porches on
the easterly side of the structure (which were conforming as to setback
requirements) , add a dormer on the third floor ( a portion of which will be
constructed within the westerly five-foot side yard setback area without
coming any closer to that lot line than the exiting structure) , and add an
outside stairway that will provide exterior access to the owners/manager(s)
quarters as well as access to the second floor (which will be conforming as
to setback requirements) . No part of the main structure on the ground will
be expanded . The enclosing of the pre-existing porches will increase the
ground cover ratio from 41 .0+% to 45 .4+% and the number of rental units
will be reduced from fifteen ( 15) to twelve ( 12 ) and a portion of the
premises will be converted to provide a residence for the Applicants or
their manager(s) . Applicants further represented that porches were counted
as ground cover up until approximately eight ( 8) years ago, thus the
property at one time, had a greater ground cover ratio. The guest house
was currently licensed for a maximum of thirty-one ( 31 ) occupants : nine (9)
in the basement, eight (8) on the first floor, eight ( 8) on the second
floor and six (6) on the third floor. No parking has historically been
provided on site and no spaces are planned .
4 . The Board finds that the guest house use, setback, parking and
ground cover ratio non-conformities pre-date 1972 enactment of the Zoning
By-Law and the proposed increase in the non-conforming ground cover ratio
from 41 . 0+% to 45 .4+%, with the addition of the third-floor dormer within
the existing footprint and addition of the exterior stairway, would not be
substantially more detrimental to the neighborhood than the existing
non-conformities . The Board also felt that the project would be beneficial
to the neighborhood with the reduction in number of rental units , with the
owner(s)/manager(s) living on site, and with the overall upgrading of the
property. The Board further finds that the provision of parking on site
would be physically impossible and that grant of parking relief would he
in harmony with the purpose and intent of the By-Law.
54 Accordingly, by a unanimous vote, the Board finds that there will
be an increase in the non-conforming ground cover ratio as stated above
and further MAKES THE FINDING that said increase , with the addition of
the third-floor dormer and exterior stairway as proposed , would not be
substantially more detrimental to the neighborhood than the existing
non-conformities . By a unanimous vote, the Board also GRANTS a SPECIAL
PERMIT under Zoning By-Law p139-18 waiving the parking requirement .
Relief is granted upon the following conditions :
a . The project shall be constructed in substantial conformance
with the plans attached hereto and marked as Exhibit A, done by Charles
W. Hart Associates, Inc. for Rosalie T. Grennan and dated August 28 ,
1996;
b. The number of rental units shall be limited to twelve ( 12 ) ,
with total occupancy of the rental rooms limited to a maximum of
twenty-four ( 24) ;
c . There shall be one ( 1 ) dwelling unit on the premises with
that being restricted to use by the owner(s) or manager(s) of the guest
house;
d . There shall be one ( 1 ) additional room available for staff
and not used as a rental unit; and
e . Vegetative screening shall be planted and maintained at a
minimum height of five ( 5) feet around the ground level of the new
exterior stairway;
feet .
Dated : October 31 , 1996
: 61/1//)
1
Mich :i O 'Mara
�a
RECEIVED '
TOWN CLERK'S O'�'-''`-� �� - �+
NANTUCKET, P-" 02b,A i l l i ms r
OCT 3.1 1996
TIME:
r
Dale W. Waine
)011.)(Mc
Nancy Sedrens
Edward Toole
o�Ap ucMF� TOWN OF NANTUCKET
osi . `
•I- ..'„;.:� � APPEALS
�_ r BOARD OF APPEA
0,14VmAt 0. NANTUCKET, MASSACHUSETTS 02554
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS
will be held at 1 : 00 P.M. , FRIDAY, OCTOBER 4 , 1996, in the
Selectmen' s Meeting Room, Town and County Building, Broad Street,
Nantucket, Massachusetts , on the Application of:
ROSALIE T. MALONEY, OWNER AND ROBERT AND CAROLINE TAYLOR, CONTRACT
PURCHASERS
BOARD OF APPEALS FILE NO. 053-96
Applicants (the Taylors) are seeking a FINDING under M.G.L.
c. 40A, §6 that the proposed alterations are not substantially more
detrimental to the neighborhood than the existing non-conforming
use/structure and/or 'a SPECIAL PERMIT under Nantucket Zoning By-Law
§139-33A (alteration/expansion of a pre-existing non-conforming
use/structure) . Applicants propose to enclose the 160+ square-foot
two-level existing unenclosed porch that is located on the easterly
side of the existing fifteen ( 15) unit guest house which would
increase the ground cover ratio from 41 .0+% to 45 .4+% (unenclosed
porches and decks not being counted as ground cover) in a district
that requires a maximum ground cover ratio of 30% for undersized
lots . They also propose to add a third-floor dormer within the
existing footprint of the structure and add an outside stairway onto
the rear of the structure . The number of rental units will be
reduced from fifteen ( 15) to twelve ( 12 ) and a portion of the space
will be used as a separate dwelling unit for the owners/manager(s ) .
The existing guest house structure is non-conforming as to side yard
setback, being sited 2 . 2+ feet from the westerly side yard lot line
at its closest point in a district that requires a minimum side
yard setback of five ( 5) feet . The deck located on the front of the
structure is also situated outside of the lot lines of the Locus .
The Lot is non-conforming as to lot size, having 3650+ square feet
of lot area in a district that requires a minimum lot size of 5 , 000
square feet and is also non-conforming as to parking, having no
spaces provided on site (with none planned after renovation) . In
the alternative, Applicants seek relief by VARIANCE pursuant to
Nantucket Zoning By-Law §139-32A from the requirements of Zoning
By-Law §139-16A to complete the project as proposed and to the
extent necessary, a SPECIAL PERMIT under Zoning By-Law §139-18
(parking relief) as enlargement of any building shall require the
provision of off-street parking for the existing building when
enlarged as if it were newly constructed .
The premises is located at 10 HUSSEY STREET, Assessor' s Map
42 . 3 .4 , Parcel 105 . The property zoned Residential-Old-Historic .
/1tc .. _ �,/
V
Michael J. O'Maa , Chairman
APPLICATION OF ROBERT AND CAROLINE TAYLOR
10 Hussey Street
Applicants are the contract purchasers of a pre-existing,
nonconforming guest house. The house was built in 1838 and has
been used continuously as a guest house since before September
1971, when the present owner acquired the premises, through the
present. The structure is nonconforming as to side-yard setback
requirement and possibly ground cover ratio and is situated on an
undersized lot. The property is located in the ROH zoning
district.
Applicants propose to enclose the existing unenclosed porches
(which are conforming as to setback requirement) , add a dormer on
the third floor (which will not extend beyond the existing
structure) , and add an outside stairway onto the back of the
structure (which will be conforming as to setback requirement) .
No part of the structure on the ground will be expanded. The
enclosing of the porches will increase ground cover ratio from
approximately 41. 0% to approximately 45. 4%. (The area labeled "2
level open porches area = 160 +/- S. F. " on the attached site plan
will be enclosed. ) The number of rental units will be reduced
from 15 to 12, and a portion of the premises will be converted to
provide a residence for the Applicants.
The only construction on the premises after August 1972 was the
addition of an interior stairway to the third floor in 1976.
Relief sought:
1. Applicants seek a fI /or Special Permit under Section
139-33A that the premises are a pre-existing, nonconforming
structure or use and that the proposed extension or alteration to
such structure or use is not substantially more detrimental than
the existing nonconforming use to the neighborhood.
2 . In the alternative, applicants seek a variance�ulnder Section
139-32 to allow the proposed construction. /39.V6);(4
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