HomeMy WebLinkAbout009-06
TOWN .OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
/fY'll ;(~ , 20 c:>~
To: Parties in Interest and Others concerned with the
DeclsIoii of the BOARD OF APPEALS in the Application of the
following:
Application No.: CXJ9 -00
Owner/Applicant: F, 'r t( J-~ TOCJr (!fn-+Y't?-
STreet! LLC- . I
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
com.laint and certified copy of the Decision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
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 g139-30I (SPECIAL PERMITS); 9139-321 (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
Assessor's Map 42.4.3, Parcel 30
54 Centre Street
Residential-Old Historic
Plan 2006-1
(no lot number)
Deed, Book 1000, Page 64
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, commenced on Friday, February 10, 2006, and continued
March 10, 2006 and then without further discussion to April 7,
2006, at which time the hearing was concluded, at 1:00 P.M., in
the Conference Room, in the Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, the Board made the following
Decision on the application of FIFTY-FOUR CENTRE STREET, LLC, c/o
Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669,
Nantucket, Massachusetts 02584, File No. 009-06:
2. The Applicant is seeking relief by SPECIAL PERMIT under
Nantucket Zoning By-law ~139-8. B (2), for an art gallery as a
neighborhood service establishment in the Residential-Old
Historic district. The Applicant is also seeking relief by
SPECIAL PERMIT under Zoning By-law ~139-33.A, for the alteration
of a pre-existing, nonconforming structure or use. The Applicant
proposes to change the use of the existing building upon the
locus, which contained six hotel guestrooms used as an annex to a
nearby inn by the former owners, to contain an art gallery, a use
allowed in this district by special permit, without any expansion
of the ground cover or further expansion of the structure other
than to meet handicap access issues. The Applicant proposes to
convert the first and second floors of the structure to use as an
art gallery, with about 2,400 square feet of gross floor area,
which under Zoning By-law ~139-18. C, would require 12 parking
spaces for the art gallery and one space for employees (with up
to four workers at peak shift), for a total of 13 spaces. The
Applicant requests relief by SPECIAL PERMIT under Zoning By-law
~139-18.B(2), for waiver of all 13 spaces. No spaces are
currently provided on site. In addition, to the extent
necessary, the Applicant requests relief by SPECIAL PERMIT under
Zoning By-law ~139-20.C, for relief from off-street loading
requirements. The locus is nonconforming as follows: as to
easterly side yard setback, with the structure being sited as
close as about 0.3 feet to the easterly lot line, and as to
southerly rear yard setback, with the structure being sited as
close as about 2.3 feet from the southerly lot line, with the
minimum side and rear yard setback in this zoning district being
five feet; as to ground cover, with the lot containing a ground
cover ratio of about 43%, with the maximum for an undersized lot
in this zoning district being 30%; as to lot area, containing
about 3,306 square feet of area, with the minimum in this zoning
1
district being 5,000 square feet; as to use as a lodging house,
in a residential zoning district; and as to off-street parking
and loading, with no spaces currently provided on-site. The
locus is conforming to all other dimensional requirements of the
By-law. The locus is situated at 54 CENTRE STREET, Assessor's
Map 42.4.3, Parcel 30, is shown upon plan recorded with Nantucket
Deeds as Plan 2006-1, and is situated in a Residential-Old
Historic zoning district
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
recei ved at our public hearing. There was no Planning Board
recommendation, on the basis that no matters of planning concern
were presented. There were numerous expressions of both support
and opposition presented at the public hearing, by correspondence
and by appearances in person and by counsel. Opponents expressed
concern about commercial expansion in an historic residential
district, and about attendant parking and traffic problems.
Supporters (including both of the immediately contiguous abutters
as well as other abutters and area residents) expressed their
view that the proposed art gallery would be less detrimental to
the neighborhood than a continuation of the present nonconforming
use as a hotel annex and would be a positive addition to the
neighborhood.
4. Applicant, through counsel and personal testimony,
represented that the entity holding title to the property is a
limited liability company of which the principals are members of
the Boyce family. Sara Boyce has operated an art gallery under
the name of "Brigham Galleries" in another location on Nantucket
for several years, and the Boyce family has purchased the locus
in order to move the business there. Applicant further stated
that she had made every effort to contact property owners in the
neighborhood through letters, faxes and personal contact,
including those opposed to the change in use and that she had
received substantial support. Under Zoning By-law ~13 9-8. B (2) ,
the use of property in the Residential-Old Historic, and other
residential, zoning districts for "neighborhood service
establishments" with floor area not exceeding 3,000 square feet,
is permitted subject to the granting of a special permit by the
Board of Appeals; the list of examples of neighborhood service
establishments contained therein expressly includes "art
gallery". The Applicant therefore seeks relief under this
provision. Evidence was presented by those familiar with the
business that Ms. Boyce's art gallery operation has been well-
managed and will be low-key with a minimal impact upon the
neighborhood. Further, the conversion of the locus to this use,
allowed as an exception by special permit, from the existing
nonconforming use, would eliminate the nonconformity as to use.
No exterior change in the structure is proposed except as to
provision of handicapped access. Applicant further stated that
the property was situated in an area that also contained several
2
pre-existing nonconforming uses with several guesthouses and a
restaurant on the same street. The property was also immediately
adjacent to the Residential-Commercial Downtown zoning district
and across the street from a large hotel complex that contained a
restaurant open until 1:00 A.M. and her business would not have a
negative impact on the area.
5. Applicant further represented that with regard to
parking and loading zone relief, under both Zoning By-law ~139-
18. B (2) and ~139-20. C, in addition to the granting of relief
being in harmony with the general purposes and intent of the
Zoning By-law, the standard for a grant of relief is that
compliance with the parking and loading zone requirements lS
found to be physically impossible to provide, or have a
significant and adverse effect on the scenic or historic
integri ty of the neighborhood, or be contrary to sound traffic
and safety considerations. Applicant stated that she had
contacted the FedEx and UPS about delivery patterns in the area
and was told that they generally parked within the adjacent
commercial district of the downtown area a block from the
Applicant's property and delivered to all customers in that area
at one time and thus the gallery would not specifically generate
any additional trips to the area resulting in no increase in
deliveries. Applicant also stated that her gallery was largely
patronized by people on foot and was not necessarily a business
that would generate any additional vehicular traffic. A neighbor
on Academy Lane attended the hearings, and specifically stated
that he was in support of the application, provided that no
parking or loading areas be provided on-site; he expressed the
view that the existing garden area would be far more beneficial
to the historic neighborhood than an area cleared for parking and
would create a safety hazard with backing out onto the narrow
lane. In any event, provision of all of the required parking and
loading zone requirements would clearly be physically impossible.
6. Based upon the foregoing presentation, the Board of
Appeals took the following actions, each by a UNANIMOUS vote, and
subject to the conditions set forth in Paragraph 7, below:
(a) Made the finding that the proposed art gallery use
as a neighborhood service establishment would be in harmony with
the general purpose and intent of the Zoning By-law, and GRANTED
relief by SPECIAL PERMIT under Zoning By-law ~139-8.B(2), for the
art gallery as proposed by the Applicant;
(b) Made the finding that the provision of the
required on-site parking space and loading zone would be
physically impossible, and would have a significant and adverse
effect upon the scenic and historic integrity of the
neighborhood, and GRANTED relief by SPECIAL PERMIT under Zoning
By-law ~139-18.B(2) and ~139-20.C, respectively, for the waiver
of all on-site parking and loading zone requirements for the
3
proposed use as an art gallery with about 2,400 square feet of
gross floor area and up to four employees; and
(c) To the extent necessary, made the finding that
changing the use wi thin a nonconforming structure as proposed
would not be substantially more detrimental to the neighborhood
than the existing use.
7 . The relief hereby granted is subj ect to the following
conditions:
(a) The hours that the art
public shall commence not earlier than
later than 8:00 P.M. seven days a week;
gallery is
10:00 A.M.
open
and
to the
end no
(b) The entire building shall be occupied by one
business entity;
(c) The maximum staff of the art gallery shall be four
persons upon the premises at peak shift;
(d) The reputation of Sara Boyce and the business
operated by her having been an inducement to the Board of Appeals
for the granting of relief, the Special Permit hereby granted is
personal to her, and shall authorize use as an art gallery only
by a business owned or managed by her, in the absence of further
relief from the Board of Appeals; and
(e) The Special Permit for a neighborhood service
establishment does not authorize any other use upon the premises
except as an art gallery without fu ief from th's Board.
Dated: April~, 2006
Mil u~~ara
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Kerim Koseata
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#54 CENTER STREIT
RESIDENTIAL OLD HISTORIC (ROH)
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MINIMUM LOT SIZE
MINIMUM FRONTAGE
MINIMUM SlOE YARD
MINIMUM REAR YARD
MINIMUM FRONT YARD
GROUND COVER RAno
N/F HENRY J. .JR. MAXIMUM BUILDING HEIGHT
cl- ANNe TeRRY .
BOOK 286 PACe 024
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PER CODE
5,000 S.F.
50 FT
5FT
5FT
NONE
50%
30 FT
EXISnNG 154
3,306 S.F.
97.31 FT
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37.64'
BRICK WALK
. 15
VGC
PROBABLE STReET UNE
SHOWN ON PLAN IN
BOOK 077 PACE: 004 f:ET
,.....rrt:'D (PUBUe - VARIABLE . WIDTH) STR
Cr;.n, Iod' BITUMINOUS CONCRETE DEED REFERENCE:
BOOK 1000, PAGE 064
PLAN REFERENCE:.
PLAN NO. 2006-1
I CeRTIFY THA T THIS PLAN IS BASED
ON AN ACTUAL INSTRUMENT SURVEY
AND PLANS AND DEEDS OF RECORD.
p~ ~ f;f~
. pi,
2/2/06
PLOT PLAN
#54 CENTER STREET
NAN TUGKET, MASS.
SCALE: 1" = 20'
HARRY R. . FELDMAN, INC.
112 SHAWMUT AVENUE
PHONE:
o
FEBRUARY 2, 2006
LAND SURVEYORS
BOSTON, MASS 0211 B
(617)357-9740
10 20
20
40
JOB NO. 115038 REV
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will
be held at 12:00 P.M.. FRIDAY, FEBRUARY 10,2006, IN THE CONFERENCE
ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application of the following:
FIFTY-FOUR CENTRE STREET, LLC
BOARD OF APPEALS FILE NO. 009-06
The Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning
By-law Section 139-8B(2), for an art gallery as a neighborhood service establishment in
the Residential-Old Historic district. The Applicant is also seeking reliefby SPECIAL
PERMIT under Zoning By-law Section 139-33.A (alteration/expansion of a pre-existing,
nonconforming structure/use). Applicant proposes to change the use of the existing
building upon the locus, which has been used for six hotel rooms as an annex to a nearby
inn by the former owners, to contain an art gallery without any expansion of the ground
cover or further expansion of the structure other than to meet handicap access issues. The
Applicant proposes to convert the interior of the structure to use as an art gallery that
would have about 2,400 square feet of gross floor area and would require 12 parking
spaces for the art gallery and one space for employees (up to four employees), for a total
of 13 spaces. The Applicant also requests reliefby SPECIAL PERMIT under Zoning
By-law Section 139-18B(2), waiving all of the required 13 parking spaces. Finally, to the
extent necessary, the Applicant requests reliefby SPECIAL PERMIT under Zoning By-
law Section 139-20.C, for relief from the off-street loading requirements. The
lot/structure is nonconforming as to easterly side yard setback with the structure being
sited as close as about 0.3 feet, and with the structure being sited from the southerly rear
yard lot line as close as about 2.3 feet, with a minimum side and rear yard setback
required of five feet; as to ground cover, with the lot containing a ground cover ratio of
about 43%, with the maximum allowed for this undersized lot of 30%; as to lot size with
the lot containing about 3,306 square feet of area, in a district that requires a minimum of
5,000 square feet; as to use as a guest house in a residential zoning district; and as to
parking and loading zone with no spaces currently provided on site. The Locus is
conforming to all other Zoning By-law dimensional requirements.
The Premises is located at 54 CENTRE STREET, Assessor's Map 42.4.3, Parcel
30, Plan 2006-1. The property is zoned Res]'Xsto~
Dale Waine, Chairman
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
CASE NO. OJ r-06
FEE: $300.00
APPLICA TION FOR RELIEF
Owner's name(s):
Mailing address:
Applicant's name(s):
Mailing address:
Locus address:
Fiftv-Four Centre Street. LLC
c/o Reade. Gullicksen. Hanlev & Gifford. LLP
Same
6 Youne:'s Way. Post Office Box 2669. Nantucket. Massachusetts 02584
54 Center Street
Assessor's MaplParcel:
42.4.3-30
Land Ceurt PlanIPlan Beek & PagelPlan File No.: 2006-1
Date lot acquired: 1/6/06 Deed Ref.!Cert. efTitle: 1000-64
Lot No.:
Zoning District: ROH
Uses on Lot - Commercial: None_ Yes (describe) Transient lode:ine: facilitv
Residential: Number of dwellings_ Duplex_ Apartments_Rental Rooms
Building Date(s): All pre-date 7n2? x or C ofO(s)?
Building Permit Nos:
Previous Zoning Board Application Nos.:
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
SEE ATTACHED ADDENDUM.
I certify that the information contained herein is substantially complete and true to the best o~ my
knowledge, under the s and penalties of erjury.
SIGNATURE: Applicant Attorney/Agent x
(H not owner or 0 ner's attorney, please enclose proof of agency to bring this matter before the Board)
. FO~ ~~A~ICE USE /
Application received on:1tl2p~By: IAJVlf) Complete: ~ copies?: ')
Filed with Town Clerk:L! 7l/~PliititiRg B9ar4%~,' '_ BuildIng D~...t.:_/_ ~y: CtDt
Fee deposited with Town Treasurer:Ltl;l @By: (]tfl!J;aiver requested?:_ Granted:_/_/_
Hearing notice posted with Town Clerk:{J TL/cX4.tailed:1-!C! ~&M:.Le& IOU & ~ry..tL
Hearing(s) held on:~ ~ _ Opened on:~ ~ _ Continued to:_/ ~ _ Withdrawn?:~ ~_
DECISION DUE BY:~_/_ Made:~_/_ Filed wffown Clerk:_/_/_ Mailed:~_/_
DECISION APPEALED?:~ ~ _ SUPERIOR COURT: LAND COURT Form 4/03/03
./
TOWN 01"
NANTUCKtT
"
42.3.4-1.
iltyof
ET
SCHOFIELD BROTHERS, INC, ~~
PROfESSIONAL [NGINEEIIS . REGISTERED LAND SURVEYORS
14- fEDERAL ST.. NANTUCKET, MASS.
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RECEIVED ,
BOARD OF ASSESSORS
Town of Nantucket
NOV 1 6 2005
ZONING BOARD OF APPEALS
TOWN OF
NANTuCKET, MA
LIST OF P ARTlES IN INTEREST IN THE MATTER OF THE PETITION OF
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PROPERTY OWNER', 0.0..' ,~,. 0.. 0.0'..,.. 0..".... 0...'.. 0....... 0 0 0 0...'..,..,..,....
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MAl Lf}.lO ADD RES S.. . .. 0 0 . 0 0 .. , .. 0 0 . .. , , .. . 0 , :. . . , . .. . . .. .. 0 .. . .. 0 , .. , 0 . .. . 0 , . .. . 0 , . ....'
PROPERTY LOCATION, 0' 0 0.00.0.. 0 .?":'".~o.... ,C~'~o 0 0....0..0... 0..'...
'ASSESSORS MAPIP ARCEL;...... ..~C!~. ':( J................ oJ.. ~.................
APPLICANT..,..., D. A ~.':P..,. ':":!. :....G, ,~o~.. .~........,.,...........".".."
$"u Y ~5'7-6<7' '-
SEE ATTACHED PAGES
I certify that the foregoing is a list of persons who ue owners of abutting property, owners of
land directly opposite on any public or private street or way; and a.butter.s of the abutters and all
other land owners within 300 feet of the, property line of owner's property, all as they appear ?n .
the most recent applicable tax list (M,G,L. c, 40A, Section 11 Zoning Code Chapter 139.
Section 139.29D (2) -
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DATE'
ASSESSOR'S OFFICE
Town of Nantucket
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