HomeMy WebLinkAbout002-06
TOWN OF NANTUCKET
BOARD OF APPEALS
WITHDRAWAL FORM
NANTUCKET, MASSACHUSETTS 02554
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IN RE: THE APPLICATION OF
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PUBLICATION OF NOTICE OF A PUBLIC HEARING ON THE ABOVE Ck9TIONED
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APPLICATION, WE, THE NANTUCKET ZONING BOARD OF AP~EALS:
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acknowledge as a matter rIght and
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~ approve without prejudice
approve, but with prejudice
THE WITHDRAWAL:
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of so much of said application as:
DATED:
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
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WITHDRAWAL FORM
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IN RE: THE APPLICATION OF
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UPON THE REQUEST OF THE APPLICANT(S) MADE:
prior to
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PUBLICATION OF NOTICE OF A PUBLIC HEARING ON THE ABOVE CAPTIONED
APPLICATION, WE, THE NANTUCKET ZONING BOARD OF APPEALS:
acknowledge as a matter right and
without prejudice
~ approve without prejudice
approve, but with prejudice
THE WITHDRAWAL:
~ in full of the said application
, of so much of said application as:
DATED:
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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 1:00 P.M., FRIDAY, JANUARY 6, 2006, IN THE CONFERENCE
ROOM, TOWN ANNEX BIDLDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application of the following:
REUNION LLC
BOARD OF APPEALS FILE NO. 002-06
Applicant is seeking reliefby SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-9B(2)(0) (take-out food service establishment). Applicant proposes to
convert a portion of the fIrst floor space already approved for retail use in the southerly
part of the building to a take-out food establishment, selling such items as ice cream and
coffee shop type products. Access would be from the Union Street front door of the
structure. No other changes to the structure or other uses on the site are proposed as part
of this Application and only interior renovations are planned. In addition, Applicant is
seeking a MODIFICATION of the SPECIAL PERMIT relief granted in the Decisions in
BOA File Nos. 115-98,073-00 and 054-03, which allowed various alterations to what
had been a guest house, with owner's apartment. The take-out food service establishment
requires five additional parking spaces. Therefore Applicant is seeking a modification of
the previous Decisions to the extent necessary to waive 23 of the 24 spaces required for
the uses in the structure. Alterations in structures or uses that require additional parking
triggers the part of the By-law that requires a waiver or provision of parking as if newly
constructed arguably regardless of what was previously granted or waived. To the extent
necessary, Applicant is seeking validation of the previously granted waiver of the loading
zone requirement under Section 139-20 and under Section 139-33A to alter the use. The
guesthouse use had been eliminated in its entirety over time and a substantial portion of
the first floor of the structure had been converted to commercial retail use with certain
restrictions with a dwelling unit located in the rear of the first floor and on the second
floor. There is an office on the second floor that is ancillary to the first floor retail use.
The Locus is conforming to all dimensional requirements, but is nonconforming as to
parking and loading zone requirements.
The Premises is located at 6 UNION STREET, Assessor's Map 42.3.1, Parcel
185, Plan 51-K. The property is zoned Resk~-C!);ercial Downtown.
({)~
Dale Waine, Chairman
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
FEE: $300.00
NANTUCKET ZONING BOARD OF APPEALS
,
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
APPLICATION FOR RELIEF
CASE NO. OJ 2 -O~
Owner's name(s): Reunion LLC
Mailing address: 6 Union Street, Nantucket, Massachusetts 02554
Applicant's name(s): Same
Mailing address:
Locus address: 6 Union Street
Assessor's Map/Parcel: 42.3.1 - 185
Plan File No.: 51-K Date lot acquired: 03/09/99 Deed Ref.: Book 614, Pa2e 3 Zoning District: RCDT
Uses on Lot - Commercial: None_ Yes (describe) retail and ancillary office
Residential: Number of dwellings 1 Duplex
Building Date(s): All pre-date 7/72? X or
Building Permit Nos: 7818-91,390-99, 430-01
Previous Zoning Board Application Nos.: 115-98,073-00,054-03
Apartments
Rental Rooms
C of O(s)? yes
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Sectiqn of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
See attached addendum.
: certify that the information contained herein is substantially complete and true to the best of my
mowledge, under the pains and penalties of perjury.
REUNION LLC, by its attorney
'L-L-(!.
IIGNATURE: 4ts Applicant Attorney/Agent_X_
U not owner or 0 er's attorney, please enclose proof of age cy to bring this matter before the Board)
.r- FO~A 'OFFICE USE J ~
lpplication received on:~/1. /OJ By: <..f) ?to Com lete: V Need copies?:
'i1ed with Town Clerk: 12;..!$;o~ g oard:_/_/_ Building Dept.:_/_/_ B
lee deposited with Town Treasurer: 1~c:>fB;,: ~ ~aiver requested?: Granted:-"_/_
rearing notice posted with Town Clerk:--L4I ~~iled:iY-I\6;O(i&M:1924:?s& /42(/oJ---
[earing(s) held on:_/_/_ Opened on:-"_/_ Continued to:_/_/_ Withdrawn?:_/_/_
IECISION DUE BY:_/_/_ Made:_/_/_ Filed w/Town Clerk:_/_/_
[ailed:_/_/_
ECISION APPEALED?:_/_/_ SUPERIOR COURT:
LAND COURT
Form 4/03/03
Addendum
6 Union Street
Applicant requests a Special Permit to allow a take-out food establishment to be
conducted in a portion of the premises pursuant to Section 139-9B(2)(0), a waiver of the
parking and any loading zone that would be required in connection with that use
pursuant to Section 139-18B and 139-2OC, and a modification of the existing Special
Permit to the extent required pursuant to Section 139-33A.
The property at 6 Union Street was formerly known as Ayers Guest House and,
from prior to 1972 through 1998, the main building was used as a 16-room guest house
with a manager's apartment and the separate structure was used as a laundry and
storage facility. The lot contains approximately 7,8202:. square feet of area and fronts on
Union, Salem and Washington Streets. The existing structure conforms with the
setback, ground cover and open space requirements of the Residential Commercial
Downtown District. One on-site parking space is provided. A plot plan of the premises
is attached.
In 1998 a Special Permit was granted to waive parking and loading requirements
so as to permit the conversion of the northern portion of the building to retail use with
the southern portion of the building remaining as a guest house with manager's
apartment (ZBA File No. 115-98). In 2000 a Special Permit was granted and the prior
relief modified to permit the conversion of the southern portion of the building to retail
use with a single-family dwelling unit in the rear and on the second floor, demolishing
the accessory building to create one on-site parking space, all subject to certain
conditions (ZBA File No. 073-00). In 2003, the relief granted in 2000 was renewed, and
all of the conditions in 073-00 were reaffirmed without modification (ZBA File No. 054-
03). Copies of these three prior decisions are attached. Current uses are a single first
floor retail use, office space on the second floor in the northerly portion of the building
that is ancillary to the retail use, and a dwelling unit in the second floor and a portion of
the first floor in the southerly section of the building.
The applicant now proposes to convert a portion of the first floor in the southern
part of the building that had been approved for retail use to a take-out food
establishment, selling ice cream and coffee shop type products, accessed from the Union
Street entrance, as shown on the attached plan. No changes to the other uses on the site
are proposed, and only interior renovations are planned. The take-out food
establishment use requires a Special Permit in this RCDT zone, and triggers the
requirement of five additional parking spaces over and above the 19 spaces previously
waived (9 spaces originally grandfathered, 9 new spaces waived in prior decisions, and
the one parking space that is provided) for a total of 23 of the 24 required spaces to be
waived. More detailed parking calculations are attached.
.
The green space on this lot is important for the neighborhood's scenic and
historic integrity. Given the lot's shape and the surrounding road network, any attempt
to provide on-site parking would be impractical and contrary to sound traffic and safety
considerations. There are readily accessible public loading zones in the immediate
neighborhood that service the premises adequately. It is likely that the type of seasonal
take-out food establishment proposed will attract customers who are pedestrians
already in the downtown area.
To the extent required, the Applicant also requests that the plot plan be
approved under the Minor Site Plan Review provisions of Section 139-23.
.
PARKING REQUIREMENTS CALCULATION
6 UNION STREET
EXISTING PRIOR TO ZBA FILE NO. 115-98:
Use
Manager's Apartment
Guest Rooms (16)
Grandfathered spaces
Parking Required
1
8
9
APPROVED IN ZBA FILE NO. 115-98:
Use
Manager's Apartment
Guest Rooms (8)
Retail (approximately 1,400 square feet)
Storage (approximately 1,000 square feet)
Office (approximately 400 square feet)
Max. number of employees on a peak shift
for the retail and ancillary office uses (3)
Parking Required
1
5
7
1
2
1
17*
*MCD Analysis: Nine spaces grandfathered therefore eight spaces count toward
MCD trigger
APPROVED IN ZBA FILE NO. 073-00 & 054-03:
Use
Single-family dwelling
Southerly portion of building:
Retail (approximately 1,275 square feet)
Storage ancillary to retail (approx. 400 sq. feet)
Max. number of employees on a peak shift
for the retail use (3)
Northerly portion of building:
Retail (approximately 1,400 square feet)
Storage (approximately 1,000 square feet)
Office (approximately 400 square feet)
Max. number of employees on a peak shift
for the retail and ancillary office uses (3)
Parking Required
1
6
o
1
7
1
2
1
19*
*MCD Analysis: Nine spaces grandfathered, eight spaces previously waived,
one space provided, and one additional space waived, therefore 10 spaces count toward
MCD trigger
*'
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ALL S'ffiUCTIJRAL D>.MENSlONS ARE TAKEN FROM XXXXX
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Burnham Engineering. Inc. , FORCE 5 ICE CREAM
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^ 81 Somerset Roa.d OWNER: BETH .AND ASHLEY BROOKS SC,\LE SHEET NO, ,
t Nantucket, MA 02554 I' 1--_"':"'-_
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I ADDRESS: FORCE 5 BUilDING. NANTUCKET
Phone: (508) 228-SSoe i .,-
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,. '\ EmaU: burnham2001.colXlcast.net I ASSESSORS MAP: X QATt:: fiGURE +'.,
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ROBERT a EaELE
42J..1-J15
CURRENT ZONING: RCDT
MINIMUM LOT SIZE: 3,750 SF
MINIMUM FRONTAGE: 35 FT
FRONTYARD SETBACK: NONE
SIDE ANO REAR SETBACK: SIDE 0 FT I REAR 5 FT .
ALLOWABLE G.C.R.: 75%
EXISTING G.C.R.: 42,8% :!:
PROPERTY LKS SHOWN ARE TAKEN FROM RECORDED
DEED AND PLAN REFERRED TO H::REON. BULDINGS, M<ll'U-
l"ENTS, ETC. ARE PLOTTED FROM FELD MEASUREMENTS.
N.S, 207-16
PLOT PLAN FOR #6 UNION STREET
TO ACCOMPANY Z.S.A. APPLICATION
IN
NANTUCKET, MASSACHUSETTS
SCALE: 1'=20' DATE: NOV, 30, 2005
DEED REFERENCE: DD.BK.614,PG.3
PLAN REFERENCE: PL FILE 51-K
ASSESSOR'S REFERENCE:
MAP: 42.3.1 PARCEL: 185
PREPARED FOR:
REUNION, LLC.
NANTUCKET SURVEYORS INC,
5 WINDY WAY
NANTUCKET. MA. 02554
N- 9121
,BOOK 869PAGE0262 ~ 3305
TOWN OF NANTUCKET
.
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Da te : JkARrn fx;e- It
, 20 0,3
To: Parties in Interest and, Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Owner/Applicant:
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Application No.:
Enclosed is the Decision of the BOARD OF APPEALS'which has
this day been filed in the office of the Nantucket ~own
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.
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;PO (HI J JT . [J'()OQ. Cha irman
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 ti139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
BOOK 869PAGE0263
NANTUCKET ZONING BOARD OF APPEALS
1 East Chestnut Street
Nantucket, MA 02554
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Assessor's Map 42.3.1
Parcel 185
Residential-Commercial
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The Board of Appeals at a Public Hearing held on Friday, November 14,
2003, originally noticed for July 12, 2003 and continued without opening, then
amended and re-noticed for hearing on September 14 2003 and continued
without opening to October 17, 2003 and then again to November without
opening, at 1:00 p.m. in the Conference Room of the Town Annex Building, 37
Washington Street Nantucket, Massachusetts, made the follOwing Decision on
Application (054-03) of REUNION LLC, BETH N. BROOKS and JOSIAH
BROOKS, TRUSTEES, of 6 Union Street, Nantucket, MA 02554.
1. Applicant is seeking a MODIFICATION of the SPECIAL PERMIT
relief granted in the Decision in BOA File No. 115-98, which allowed various
alterations to what had been a guesthouse, with owner's aparbnent The
subsequent Decision in BOA File No. O~O allowed further changes to uses in
the structure, which included the elimination of the guesthouse use in its entirety
and conversion of the northerly portion of the first floor of the structure to
commercialj retail use with certain reshictions, one of which prohibited display
of merchandize in the yard area. That condition was also contained in the
Decision in File No. 115-98 and Carried over to the newer Decision. Applicant
now proposes to display such merchandize as kayaks in the yard as they have
recently been prohibited from doing so on the porch area by a Town Code
provision, which only allows displays in yard areas and not attached to the
structures. The status of the Decision in File No. 073-00 has been questioned by
the Building Department as no change of use permit had also been applied for
separately from the BOA Decision, to change the uses in the structure, even
though relief had been granted by the Board of Appeals for such changes and
the changes are said to have already been done in reliance on said Decisions. As
Special Permit relief runs for a two-year period after filing of the Decision with
the Town Oerk, it is arguable that the relief granted in the Decision in File No.
073-00 has lapsed without the Applicant also filing for a change of use permit
through the Building Department within that time period, now requiring a new
Application for the same relief.
~~,.)
BOO K 8 6 9 PAGE 0 2 6 4
Applicant is hereby seeking such relief again under Nantucket Zoning
By-law Sections 139-18B, waiving the one additional parking Space required,
139-20C (loading zone requirements) and 139-33A (alteration/ expansion of a
pre-existing nonconforming structure/use) to validate the elimination of the
guesthouse use in its entirety, creation of the owners dwelling unit on the second
floor, creation of a separate second retail space in the southerly portion of the
first-floor area, and allow demolition of the rear nonconforming utility shed to
create a parking space. No change in the conditions imposed in the Decision in
File No. 073-00 is asked for, with the exception of the condition specified above
related to outdoor display of merchandise in the yard area. No further
alterations in the uses or structure are proposed as part of this Application. The
Locus is conforming to all dimensional zoning requirements, but is
nonconforming as to parking and loading zone requirements.
The Premises is located at 6 UNION STREET, Assessor's Map 42.3.1,
Parcel 185, Pian File 51-K. The property is zoned Residential- Commercial. The
property is zoned RESIDENTIAL - COMMERCIAL.
2. The Board's Decision is based upon the Application and materials
submitted with it, plans, and representations and testimony received at the
public hearing November 14, 2003. No letters from abutters were received. The
Planning Board recommended that the 2000 Special Permit be renewed with its
original conditions.
3. The Applicant, through counsel, reviewed for the Board the efforts
to implement the Board's Decision in 073-00 (which Special Permit is duly
recorded in Book 679, page 167 at the Nantucket Registry of Deeds) and convert
the remaining guest rooms to retail space and a single-family dwelling unit.
Recently, the Building Deparbnent had taken the position that notwithstanding
some work on the Premises having been commenced pursuant to 073-00, since
no separate building department application to change the use had been filed,
the zoning relief granted in 073-00 had lapsed. The Applicant now seeks to
renew the 2000 relief exactly as written, and specified above, with one
modification with respect to the exterior display of merchandise. No change as
to the interior uses, or to the parking and loading requirements was
contemplated. The same annotated copy of the plan prepared by Nantucket
Surveyors and dated July 27, 2000, showing the proposed demolition of the
accessory building and the creation of a parking area that was submitted by the
Applicant and approved by the Board pursuant to the Minor Site Plan Review
requirements of Section 139-23 in 073-00 was presented to this Board as it related
to the renewal of relief as requested. A reduced copy of the UPlot Plan to
Accompany ZBA Application", done by Nantucket Surveyors, Inc., dated July
27, 2000 is attached hereto as Exhibit A.
BOOK 869 PAGE02G5
4. All of the findings and discussion in the Decision in BOA File No.
073-00 as recorded in Book 679, page 167 at the Nantucket Registry are reiterated
by the Applicant as follows:
No structural expansion of the building was proposed, and
therefore none of the pre-existing dimensional non-conformities would be
impacted. Interior renovations were planned to effectuate the change of uses.
The existing open area on the lot was in excess of the 20% required in Section
139-16E and was found by the Board to be valuable as green space given the
density of the buildings in the surrounding area.
The BOA found in File 115-98 that the use of the Premises as a
sixteen room guest house with a manager's apartment without the provision of
on-site parking or loading facilities pre-dated 1972 and was validly
grandfathered as to the nine parking spaces that would be required by Section
139-18 for such uses. The uses approved in that prior Decision, together with the
remaining eight guest rooms and manager's apartment required a total of
seventeen parking spaces to comply with Section 139-18. The proposed change
of use brought the required number of parking spaces to nineteen according to
Section 139-18. The parking area shown on the site plan, which was accessed
from Washington Street via the existing curb cut, provided one new conforming
parking space on the property. The Applicant accordingly needed a waiver of
the one additional parking space required as a result of the change of use. The
Applicant maintained that the use of the existing open space near Salem Street
for parking would have a significant and adverse effect on the scenic and
historic integrity of the neighborhood and was contrary to sound traffic and
safety considerations. The Applicant proposed to limit the number of retail
tenants in the building to a maximum of two in the building as a whole.
The Applicant was relying on the general availability of loading
areas in the downtown commercial area as eliminating the need for an on-site
loading zone. In response to neighbor concerns, the parking area was enlarged
to provide some on-site space for small delivery vehicles to pull off the street
during the peak season if needed. The Board noted at the time that there was no
parking permitted on Union Street in front of this building and delivery service
would take advantage of the public loading zones established for other
commercial uses in the area. Both the proposed retail and residential uses were
permitted uses in this R-C zone.
5. With respect to the new request to modify the Board's condition
imposed by its original Decision in File No. 115-98 and reiterated in File No. 073-
00 that there be no exterior displays of merchandise in the yard area, Applicant
represented that the condition in the Decision in File No. 073-00 not allowing
displays in the yard area, was in conflict with a local provision of the Town
Code that did not prohibit displays of merchandise in the yard areas but
prohibited displays on porches and hung on the buildings. Applicant cited
several other businesses both in town and out of town that were allowed to
display such merchandise in the yard areas without restriction. Applicant was
required to remove the items from their porch area this past summer and were
now asking to be allowed to display such large items as kayaks in the yard.
Applicant also represented that they were negatively impacted by the existence
of the NRT A shuttle buses surrounding the northerly and easterly sides of the
property during the summer months that blocked the visibility of their retail
establishment It was hard to see the type of bUSiness with all of the items
removed from the most visible area of the buiIdingi the raised porch. Displaying
of the kayaks in the yard area would help to mitigate the negative impact
BOO K 8 6 9 PAGE 0 2 6 6
However, a majority of Board members expressed concerns about
the appearance of such displays being unsightly in the histOric downtown area
and felt that there should be no modification of said condition. As a result, the
Board did not allow the requested modification.
The Board further affirms that based upon the existing uses and the
proposed changes, which trigger one additional parking space, the project
would not create a Major Commercial Development No new commercial space
is being created and less than 20 new parking spaces are required for this
project
6. As to the renewal of the previously granted relief in the Decision in
File No. 073-00, the Board reaffirms those findings that it is impossible to
provide parking spaces or a loading zone on the site other than the parking area
shown on the attached site plan given the configuration of the streets
surrounding the Premises in a manner that would be consistent with sound
traffic and safety considerations; that the uses proposed are consistent with the
commercial downtown area, and that the waiver of the additional required
parking space and the loading zone would not be substantially more detrimental
to the neighborhood than the existing drcumstances and would be in harmony
with the general purpose and intent of the Zoning By-law. In addition, the Board
finds that the alteration of the uses in the Structure, including the demolition of
the shed, would not be substantially more detrimental to the neighborhood than
the existing uses, providing a benefit to the residential neighborhood to the
south on Union Street with the elimination of the guesthouse use, which
traditionally entered from the Union Street side.
7. Accordingly, by a UNANIMOUS vote, the Board hereby GRANTS
SPECIAL PERMIT relief to: (a) waive the additional one parking space required
by Section 139-18 and the loading zone required by Section 139-20 for the
conversion of the remainder of the first floor to a separate second retail use; (b)
alter the pre-existing nonconforming structure/use by validating the elimination
of the guesthouse use in its entirety, creation of the owners dwelling unit on the
BOOK 86 9 PAGEO 2 67
second floor, creation of a separate second retail space in the southerly portion of
the first-floor area, and allowing demolition of the rear nonconforming utility
shed to create a parking space; and (c) modify the Special Permit granted in the
Decision in BOA File No. 115-98 to the extent necessary, based upon the
following conditions, (a reiteration of the conditions without modification
contained in the Decision in File No. 073-00):
a) that there will be no more than two (2) tenants for the retail space in
the building as a whole, and any retail use shall be limited to the first
floor;
b) that there will be no alteration to the fenestration of the southerly
portion of the building's Union Street fa<;ade or to the entrance to the
building facing Union Street so as to preserve a less commercial
appearance of that portion of the building;
c) that the second floor office and storage space in the northerly portion
of the building approved in BOA File No. 115-98 shall be ancillary to
the retail uses; .
d) that the use of those portions of the southerly portion of the building
not converted to the first floor retail use approved hereby shall be
limited to single-family dwelling use and use as a guest house shall
cease;
e) that the parking area will be accessed from Washington Street not
from Union Street, substantially as shown on the reduced site plan
attached hereto as Exhibit A; and
f) that any exterior displays of merchandise will not be in any yard area
or on the Union Street entrance stairs.
8. The Board, by a UNANIMOUS vote, approves the site plan under
Nantucket Zoning By-law Section 139-23, attached hereto as Exhibit .
Dated:
December n 2003
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BOARD OF APPEAL~~,::-j/U:~:/ U1 ,
NANTUCKET, MASSACHUSETTS 02554
Receiv~ Sntered ,=>,;2. t ",..,
e: DEe 1 I 2000 Time:'::; !... r" I
1 Na9tuxket pounty DeElds / / "'2
)k:.v. ) q Page: LP _
Joanne L. Ketley
Register of beeds
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Date:
November
1("
, 20 00 .
Application No.:
073-00
Owner/Applicant:
. REUNION LLC, BETH N. BROOKS, AND
JOSIAHBBOOKS
EnClosed is the Decisionof'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,MassachusettsGeneralLawsw
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~opy 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';
.~\
. .O'\J
Micha, J. O'Hara,
'. 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
ZONINd BY-LAW ~139-30I (SPECIAL PERMITS); fi139-32I (VARIANCES)
ANX QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
Map 42.3.1
Parcel 185
6 Union Street
Deed Book 614, Page 3
NANTUCKET ZONING BOARD OF APPEALS
DECISION:
The Board of Appeals,at a Public Hearing held on Friday, September 8,
2000, and Friday October 12,2000, both at 1:00 p.m. in the Conference Room of
the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts,
made the following Decision on the application (073-00) of REUNION LLC,
BETH N. BROOKS and JOSIAH BROOKS, of 79 Union Street, Nantucket, MA
02554;
1., Applicant ISseeking relief by SPECIAL PERMIT under'Nantucket
Zonig By-law Sections 139-18B (parking requirements); 139-20C (loading zone
requirements); 139..;33A (alteration/ expansion of a pre-existing nonconforming
structure/use); and to the extent necessary, Modification of the Special Permit
granted In tJ:le Dedsion in BOA File No~n5-98. In BOZ File No. 115-98
conversion of the northern portion of the 16-room guest house to retail use was
allowed as well as a waiver of additional parking and loading zone
requirements. Applicant _now propos~s to convert a portion of t4e southern part
of the main building from use as a guest house and manager's ,quarters to use as
retail on the first floor and a single-family dwelling on the upper floor.
Applicant also proposes to demolish the existing accessory building which}s
nonconforniing as to setbacl.< and which contains the lau~dry Ci!1dstorage
facilities for the guest house, and create a parking space in that location. The
eight (8) -remaining guest rooms would be eliminated as a result of this
conversion. A waiver of the one (1) additional parking space required abqve the
nine (9) spaces previously grandfathered, and .eight (8) waived, and one being
provided on site, is being sought. The Premises is located at 6 UNION STREET,
Nantucket, Massachusetts, Assessor's Map 42.3.1, Parcel 185 and shown on plan
recorded in Plan File 51K at the Nantuck~t Registry of Deeds. The property is
zoned RESIDENTIAL - COMMERCIAL.
, .
2. The Board's decision is based upon the application and materials,
submitted with it, plans, and representations and testimony received at the
hearings on September 8,2000, and October 12, 2000. Several neighbors attended
the hearing, and expressed concerns about loading activity in connection with
the proposed change in use. Applicant presented a revised site plan with an
expanded parking area which, will not conforming to loading space size
requirements under the By-law due to a large tree, could accommodate small
delivery vans, if required, in response to these concerns. The Planning Board
recommended that the requested relief be granted, waiving all parking
requirements under the By-law.
3.. Based on the existing uses and the proposed changes which trigger
one (1) additional parking space, the Board finds that the project does not create
a Major Commercial Development. No new commercial space is being created
and less than 20 new parki:q.g spaces are required for this project. . An annotated
copy of the plan prepared by Nantucket Surveyors and dated July 27, 2000,
showing the proposed demolition of the accessory building and the creation of a
parking area was submitted by the Applicant and approved by the Board
pursuant to the Minor Site Plan Review requirements of Section 139-23. A
reduced copy of the approved site plan is attached hereto as Exhibit A.
4. No structural expansion of the building is proposed, and therefore
none of the pre-existing dimensional non-confonnities will be impacted. . Interior
renovations are planned to effectuate the change of uses. The eXIsting open area
on the lot is in excess of the 20% required in Section 139-16E and is found by the
Board to be valuable as green space given the density of the buildfugs in the
surrounding area.
, 5. The BOA found in Fil~ 115-98 that_the use of the Prentises, as a sixtee~
room guest house with a manager' s apartment without the provision of on-site,
parking or loading facilitiespre..;dates 1972 and is validlygrandfathered as to the
nine parking spaces that would be required by Section 139-18 for such uses. The
uses approved in that prior det:ision, together wit};t the remaining eight guest '
rooms and ~anager' s 'apartment, required a total of seventeen 'parking spaces to
comply with Section 139':'18. The proposed change of use brings the required
number of parking spaces to nineteen according to Section 139-18. The parking
area shown ort the site plan, which is accessed from Washington Street vIa the
existing curb cut, provides one new conforming parking space on the property. .
The Applicant accordingly needs a waiver of the one additional pa,rking space
required as a resuit of the change of use. The Applicant maintains that the use of
the existing open space near Salem Street for parking would have a significant
and adverse effect on the scenic and historic integrity of the neighborhood and
be contrary to sound traffic and safety considerations. The Applicant proposes
to limit the number of retail tenants in the building to a maximum of two in the
building as a whole.
6. The Applicantis relying on the general availability of loading areas in
the downtown commercial area as eliminating the need for an on-site loading
zone. In response to neighbor concerns, the parking area was enlarged to
provide some on-site space for small delivery vehicles to pull off the street
during the peak season if needed. The Board notes that there is no parking
permitted on Union Street in front of this building and delivery service will take
advantage of the public loading zones established for other commercial uses in
the area. Both the proposed retail and residential uses are permitted uses in this
R-C zone. .
7. The Board finds that it is impossible to provide parking spaces or a
loadi;ng zone on the site other than the parking area shown on the attached site
plan given the configuration of the streets surrounding the premises in a manner
that would be consistent with sound traffic and safety considerations, that the
uses proposed are cOI)Sistent with the commercial downtown area, and that the
waiver of the additional parking space and the loading space required is not
substantially more detrimental to the neighborhood than the existing "
~ircumstances and will be in harmony with the intent and purpose of the Zoning ,
By-law. ' ,
8. Accordingly, bya unanimous vote, the Board hereby GRANTS a
SPECIAL PERMIT (i) to waive the additionalone (1) parking space required by
Section 139-18 and the loading zone required- by Section 139-20 for the
conversion of the remainder of the first floor of the retail use (b) to alter the pre-
existing nonconforming structure/use and (c) to modify the Special Permit
granted in the becision in BOZ File No. 115-98, all on the following conditions:
a) thaHhere willoe no more than two (2) tenants for the retail space in
the building as a whole, and any retaihise shall be limited to the first
floo~ .
b)- that there will be no alteration-to the fenestration of the southerly
portion of the building's Union Street fa<;ade or to the entrance to the
building facing Union Street so as to preserve a less commercial
,. appearance of thafportion of the building;
c) that the second floor office and storage space in the northerly portion
of the building approved in BOA FileNo. 115-98 shall be ancillary to
the retail uses; - '- .
d) that the use of those portions of the southerly portion of the building
not converted to the first floor retail use approved hereby shall be
Dated:
limih:!dto single-family dwelling use and use as a guest house shall
cease; ,
e) that the parking area will be accessed from Washington Street, not
from Union Street, substantially as shown on the site plan attached
hereto as Exhibit A; and
f) that any exterior displays of merchandise will not be in any yard area
or :O:::b:~ :cr::::ncrance starrs. ~ C1iJuJ~~
Dale Waine
;;:,~ f: C f: ~ .~~t}~ 0
TOVvlJ C;lJ::R;~'S OFFICE
NAt\lTUCKET, M/\ 02554
NO\j 1 6 2000
f'ii\tk: I' -35" f '^
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CLEHK:__X.L~
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Neil D. arent ..
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. I a:.RTIFYnIAT20 DAYS HAVE Ei.APsED ~
THEDEOSION W.A.5 FiLED IN THE arn~ OF THE
TQ'''''''-T ('l ~,n.v ANb 17.AT NO APPEAL HAS BEEN
Wr~ ........\A"-"".. " . ON
FD..ID, P'v'RSUt-\l'IT TOQENF.RAt LA \VS 4OA, SECTI 11
.~ 'i'OWN <Un
. , .
. .
n~r 11. 2000
Nancy Severns
, U.I'a.E
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iRENT ZONING: RES.-COMMI
IMUM LOT SIZE: 5.000 S.F.
[MUM FRONTAGE: 40 FT.
INlYARD SE1l3ACK:' NONE
~ AND 'REAR SETBACK: 5 FT.
OWABLE G.C.R.: 507-
J'TlNG G.C.R.: 46.27.:1:
lPOSED G.C.R.: 42.87.:1:
?ER1Y UNES SHO\\N ARE TAKEN FROM RECORDED
I ANO PLAN REFERRED to HEREON. BUILDINGS. ),IONU-
rs. m. ME: P\.CllTED FROM F1EUl MEASURE>.lE:N'TS.
RES'\' CERllFY TO 'l}{E BEST Of' /./'1' KNO'M.ECClE
r 'lHE PREMISES SHCI'iN ON 'lHIS PLAN ARE
~TIC 't\l'liiIN 'lH1: g ZCNi: All DWNtATli:D
lrlE "ARM. loiN' OF COMMUNI1Y NO. 2.(\0230;
S. EFF'ECTI'& 7-2-92 BY iHE FEDERAL
~GelC'1" MANACEMNT AGOlCY. '
:, 207"':16
PLOT PLAN TO ACCOMPANY
Z.B.A. APPUCAllON
IN
NANTUCKET. MASSACHUSETTS
SCALE: 1'..20' DATE: JULY 27, 2000
DEED REFERENCE: DD.8K.601,PG.2.14-
PLAN REFERENCE: PL FILE 51-K
ASSESSOR'S REFERENCE:
MAP: +2.3.1 PARCEL: 185
PREPAREO FOR:
BElli N. 'BROOKS &:
JOSIAH BROOKS
NAN1\JCKET SVRYE:YORS INC.
5 WlNDY WAY
NANi\JCKET, MA. 02554
"'~~An,.,
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
December
IV
, 19 98
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.:
115-98
Owner/ApPlicant:
LESTER C. AYERS ET AL, FOR THEMSELVES
AS OWNERS AND FOR BETH N. BROOKS AND JOSIAH BROOKS, 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.
~~~n/1)c~~
cc: Town Clerk
Planning Board
Building Commissioner
\. PLEASE NOTE: MOST SPECIAL PERMITS AND V~RIANCES 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.
I~-~~-I~~b ~:~b~M
r KUi"l i"lt:.L 1 ~~A ~M 1 LbK 1 '-'I'-.. :J~O,':::O:J I :J:J
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Map 42.3.1
Pal'cel185
6 Union Street
Deed Book 463, Page 56
NANTUCKET ZONING BOARD OF APPEALS
DECISION:
The Board of Appeals at a Public Hearing held on Friday, November 20,
1998, at 1:00 p.m. in the Conference Room of the Town Annex Building, 37
Washington Street, Nantucket, Massachusetts, made the following Decision on
the application (115-98) of BETH N. BROOKS and JOSIAH BROOKS, of 79 Union
Street, Nantucket, MA 02554as contract purchasers of property owned by
LESTER. C. AYERS,et aI, of Post Office Box 1087, Nant"..lcket,MA 02554 situated
at 6 Union Street, Nantucket, Massachusetts 02554.
1. Applicants (Brooks) are seeking relief by SPECIAL PERMIT under
Nantucket Zonig By-law Section 139-33A (alteration/expansion of a pre-existing
nonconforming structure/ use). Applicants propose to convert a portion of an
existing guest house (known as Ayers Guest House) to a retail use, by converting
eight (8) of the existing 16 guest rooms to use as a retail space on the first floor
and as an office and storage area, ancillary to the retail space, on the second and
third floors. No expansion of the building is planned, but interior renovations
are contemplated. Nine (9) parking spaces are required for the current use, with
. the proposed uses requiring 17 parking spaces. Applicants are therefore seeking
relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-18B
waiving the additional eight (8) spaces as well as relief under Zoning By-law
Section 19-2OC, waiving the loading zone requirement. The uses in the building
would be one (1) manager's apartment, eight (8) guest rooms, 1,400+ square feet
of retail space, 1,OOO~ square feet of storage space, and 4OOj: square feet of office
space with the maximum number of employees on site at peak shift for the retail
and office use to be three (3). There is a separate structure on the Premises that is
used as a laundry and storage facility. The Premises is located at 6 UNION
STREET, Nantucket, Massachusetts, Assessor's Map 42.3.1, Parcel 185. The
Locus is zoned RESIDENTIAL - COMMERCIAL.
2. The Board's decision is based upon the application and materials
submitted with it, plans, and representations and testimony received at the
heanng on November 20, 1998. Several neighbors attended the hearing, and
expressed no concern about the proposed relief and the Planning Board
recommended that the reque$ted relief 00 granted subject to Site Plan Review
comments.
3. Based on the existing uses and the proposed changes which trigger
eight (8) additional parking spaces, the Board finds that the project does not
create a Major Commercial Development. No new commercial space is being
created and less than 20 new parking spaces are required for this project. A plan
showing the proposed reconfiguration of the entrance stairway discussed at the
hearing and complying with the Minor Site Plan Review requirements of Section
139-23 must be submitted by the Applicants to the Board for approval.
4. No structural expansion of the building is proposed, and therefore
none of the pre-existing dimensional non-conformities will be impacted. Interior
renovations are planned to effectuate the change of uses. Plans showing a new
entrance stair facing Salem Street, and proposed changes to the doors into the
retail space and the windows facing Salem and Washington Streets that are
pending before the Historic Districts Commission were reviewed at t.,he hearing.
The existing open area on the lot is in excess of the 20 % required in Section 139-
16E and is found by the Board to be valuable as green space given the density of
the buildings in the surrounding area. The proposed renovations, including the
new entrance stair, will comply with the 20% open space requirement.
5. The use of the Premises as sixteen room guest house with a manager's
apartment without the provision of on-site parking or loading facilities pre-dates
1972 and is validly grandfathered as to the nine parking spaces that would be
required by Section 139-18 for such uses. Eight guest rooms will be eliminated
by the interior renovations that are planned to accommodate the change in use.
The Applicant proposes to use the first floor for a single-tenant retail use. The
second floor is proposed as office and storage ancillary to the remaining guest .
house and retail uses. These new uses, together with the remaining eight guest
rooms and manager's apartment, required a total of 17 parking spaces to comply
with Section 139-18. The Applicant maintains that the use of the existing open
space near Salem Street for parking would have a significant and adverse effect
on the scenic and historic integrity of the neighborhood and be contrary to sound
traffic and safety considerations. The Applicant is relying on the general
availability of loading areas in the downtown commercial area as eliminating the
need for an on-site loading zone.
6. Therefore, the Board finds that it is impossible to provide parking on
the site given the configuration of the streets surrounding the premises in a
manner that would be consistent with sound traffic and safety considerations,
that the uses proposed are consistent with the commercial downtown area, and
that the waiver of the additional parking spaces and the loading space required
is not substantially more detrimental to the neighborhood than the existing
circumstances and will be in harmony with the intent and purpose of the Zoning
By-law.
, ,
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r- t'\UI~1 !VIc"L- J. ~.::J""'" ,...-n.L LDt"\..L \....-r...... ::Jt:..lU'::::"':=:"U:-J I"-..J~
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7. Accordingly, by a unanimous vote, the Board hereby GRANTS a
SPECIAL PERMIT to waive the additional eight (8) parking spaces required by
Section 139-18 and the loading zone required by Section 139-20 for the
conversion of a portion of the existing building to retail and office use on the.
following conditions:
a) that there will be a single tenant for the first floor retail space and the
second floor office and storage space shall be ancillary to the retail and
guest house use; and
b) that any exterior displays of merchandise will not be in the yard area.
Dated:
-0)
Linda F. Williams
~Lt~c; ~YL~~
Nancy Severns
Edward Murphy
"
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Town of Nantucket
. RECEIVED
SOARD OF ASSESSORS
NOV 1 0 2005
TOWN OF
NANTUCKET, MA
ZONING BOARD OFAPPEALS
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF
PROPERTY OWNER.. .~~.I...k.~............. ..............
~.. ~
MAILrNG.ADDRESS... .\.P........;. ....,.................~~.....~
PROP ERTY LOCATION... \9....~.. .~~~T.........
ASSESSORS MAP/PARCEL...+2:-:,:,.~..~ .l..:~. ...l~.~... ................ .....
APPLICANT.,. ~.~l.....kkL................... ... ......... ...... '"
SEE ATTACHED PAGES
I certify that the foregoing is a list of persons who are owners of abutting property, owners of
land directly opposite on any public or private street,or way; and abutters of the abutters and all
other land owners within 300 feet of the property line of owner's property, all as they appear on
the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139.
Section 139.290 (2)
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