HomeMy WebLinkAbout054-03
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: ~rnfJpe- /,
, 20 03
To: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: OS-l/-() 3
Owner/Applicant: Re.unl '017 U... c, J /3.e7h Ai. t!Jlddl:J;;
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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.
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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); Y139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
1 East Chestnut Street
Nantucket, MA 02554
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 12, 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 apartment The
subsequent Decision in BOA File No. 073-00 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 restrictions, 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 Clerk, 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.
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, Plan 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 Department 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 "Plot Plan to
Accompany ZBA Application", done by Nantucket Surveyors, Inc., dated July
27, 2000 is attached hereto as Exhibit A.
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 buildinlY the raised porch. Displaying
of the kayaks in the yard area would help to mitigate the negative impact
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 circumstances 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
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
.~
David Wiley
CURRENT ZONING: RES.-COMM.
MINIMUM LOT SIZE: 5,000 S.F.
MINIMUM FRONTAGE: 40 FT.
FRONTYARD SETBACK: NONE
SIDE AND REAR SETBACK: 5 FT.
ALLOWABLE G.C.R.: 50"
EXISTING G.C.R.: 46.2":!:
PROPOSED G.C.R.: 42.8":!:
PROPERTY UNES SHOWN ARE TAKE}! FROM RECORDED
DEED AND PLAN REFERRED TO HEREON. BUII,DINGS. MONU-
ME}!TS. ETC. ARE PLOTlED FROM FIElD MEASUREMENTS.
I HEREBY CERllFY TO lHE BEST OF MY KNOWLEDGE
lHAT lHE PREMISES SHOWN ON lHlS PLAN ARE
LOCA1ED W1lHIN lHE C ZONE AS DEUNEA1ED
ON lHE "FIRM" MAP Of COMMUNITY NO. 250230;
MASS. EFFEC1l\/l::: .7-2-92 BYlHE FEDERAL
EMERGENCY MANAGEMENT AGENCY.
N,B. 207-16
SERVER\JOBS\N6402\N6402Z8A
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PLOT PLAN TO ACCOMPANY
Z.B.A. APPUCATlON .
IN
NANTUCKET, MASSACHUSETTS
SCALE: 1'=20' DATE: JULY 27, 2000
DEED REFERENCE: DD.BK.601,PG.214
PLAN REFERENCE: PL FILE 51-K
ASSESSOR'S REFERENCE:
MAP: 42.3.1 PARCEL: 185
PREPARED FOR:
BETH N. BROOKS &
JOSIAH BROOKS
NANTUCKET SURVEYORS INC.
5 WINDY WAY
NANTUCKE~ MA. 02554
N-6402
9-11-2003 11 : 54AM
FROM PHILBRICK AND AVERY 5082285155
Form
6-89
HAlnQ'CU'l' 20laRG SOARD OF APpeALS
'rOWN Mm OOUN'l'X' BV:rLD:IBG
mur.rOCUl', .HA 02SS4
File
No.Clt/.-Q0
Assessor's parcel
THIS AGREEKENT TO EX'1'END THE TIME LIKIT FOR THE BOARD OF
APPEALS TO 'HARE A DECISION (o~ to hold a public hearinq or
take othe~ action) concerns the Application o~~__
R~,'m, lLcf ~ 9;mn I'Q
Pursuant to the provisions of the Acts of 1987, Chapt.er
498, amendin<} the Stat.e %00in9 Act, Chapter 40A of the
KassaoousettsGenera,l Laws, Applica.nt(s)/petitioner(s) a,nd
the Board Of Appeals'herebyaqree to extend the time limit
- for a pUblic hearing ~ on the App~ication, or
- for a d~cis:ion X. of the ,Board. or
for any' other ~ctton
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by the Board,
(whether such Appl.t.C2tion. is an ap{M!al _ from the ,
decision of anf'a%n~strativeoft~cial, a petition fo~
'a Special Penu.t ~ or for a V.riance , or for any
e.x,~nsion _, 1Il 1. ieatlon .,L. or', renewal _ thereof)
to the NEW TIME tJ:MI'l' of lIIidniqht on Al~ .~ {~
J)ut not earl1.er than a time limit set by sue or, by IlW.
The Applicant(s), or the attorney ~ or a~ent' for,
Applicant(s) represented to, be duly author1zed to act i~
this )I~atter ;:01:' Applicant.(~), in executi~9 this A9re~llIent
waives any r~qhts under the Nantueket zon1nq Byla~ and the
State Boning Act, as amended, to,the extent, but only to
xtent, ineons~stent with ~his A<}reement. '
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BU11dinq Commissioner
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Town Clerk
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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, JULY 11,2003, IN THE CONFERENCE ROOM,
TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the
Application of the following:
REUNION LLC, BETH N. BROOKS AND JOSIAH BROOKS
BOARD OF APPEALS FILE NO. 054-03
Applicant is seeking a MODIFICATION of the SPECIAL PERMIT relief granted
in the Decisions in BOA File Nos. 115-98 and 073-00, which allowed various alterations
to what had been a guest house, with owner's apartment. The guesthouse use has been
eliminated and the northerly portion of the first floor of the structure has been converted
to commercial retail use with certain restrictions, one of which prohibited display of
merchandize in the yard area. 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.
No other changes are proposed as part ofthis Application. The Locus is conforming with
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 File 51-K. The property is zoned Residential-Commercial.
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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. 00fill
Owner's name(s): Reunion LLC. Beth N. Brooks. and Josiah Brooks
Mailing address: 79 Union Street. Nantucket. MA 02554
Applicant's name(s): same
Mailing address:
Locus address: 6 Union Street Assessor's MaplParcel: 42.3.1-185
Plan File No.: 51-K Lot No.:
Date lot acquired: 3/9/99 Deed Ref: Book 614. na2e 3 Zoning District: RC
Uses on Lot - Commercial: None_ Yes (describe) retail and ancillarv office
Residential: Number of dwellings ---1.... Duplex _ Apartments_Rental Rooms
Building Date(s): All pre-date 7/72? x or
Building Permit Nos: 7818-91.390-99.430-01.294-02
Previous Zoning Board Application Nos.: 115-98 and 073-00
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:
C of O(s)?
Applicant seeks a Modification of the Special Permits previously granted in ZBA File Nos. 115-98 and 073-
00 so as to permit the exterior display of merchandise in the yard area. Copies of the ZBA's prior decisions
are attached. 8
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I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under the pains and penalties of perjury. ~
Reu~~LC, Beth Brooks and Josiah Brooks ~
SIGNATURE:_B;/'~ - Applicant AttorneY/Age:t X
(If not owner or owner's attorney, please enclose proof of agency to bring this matter before the Board)
. FOR A FFICE USE
Application received on:kl JlJ tJ3 By: Complete: Need copies?:
Filed with Town Clerk:iL/]!fJ(ii Plann.ing Bo.\ld:_~=_l_ Buildi.de J)~pt.:~-"~y: ~
Fee deposited with Town Treasurer:W/~tQ1BY: !:tuJWaiver requested?:_Granted:-"_/_
Hearing notice posted with Town Clerk:.{2./uc{;03 Mailed:~/2.0Q3I&M:-k/~ & 231H
Hearing(s) held on:_I_I_ Opened on:_/-"_ Continued to:-"_/_ Withdrawn?:_/-"_
DECISION DUE BY:--1--1_ Made:--1-"_ Filed wffown Clerk:--1-"_ Mailed:_/-"_
DECISION APPEALED?:--1_I_ SUPERIOR COURT: LAND COURT Form 4103/03
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Parcel 185
6 Union Street
Deed Book 463, Page 56
NANTUCKET ZONING BOAR~ OF APPEALS
DECISION:
The Board of Appca.l~ ata Public Hearing held on Friday, November 20,
'1998, at'1:oo p;m: in the Conference Room of the Town Annex Building, 37
"Washington Street, Nantucket;MassachuSt?llS, made the following Decision on
the application (115-98) of BETH N. BROOKS and JOSIAH BROOKS. of79 Union
, StreeCNantucket;MA 02554as contract purchasers of pro pert)' owned by
; : LESTER c. AYERS. et ai, of Post Office Box 1087, Nantucket. MA 02554 situated
at 6 Union Street/Nantucket. MaSsachusetts 02554.
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'T' '.', ;1.' '. 'Applicants (Brooks) are seeking relief by SPEciAL PERMIT under
Nantucket Zoi'li'g By-law Section 139-33A (alt~~t,ion/ expansion of a pre-existing
nonconforming str!-lcture/ use). Applicants propose to convert a portion of an
" existing gU,est hou~e (known as Ayers Guest House) to a retail use' by converting
eight (8) of the existing 16 guest rooms to use as a re~ail space on the first floor
and as anoHice.and storage area, ancillary to the retail space, on thescCond and
third fioors:;No expansion of the,building isplannC'i, but interior renovations
are contemplated, Nine (9) parking spaces are required for the current use, ".,ith
the proposed.uses requir.ing .17 parking spaces. Applicants are therefore seeking
, . relief by SPEClAL PERMIT under Nantucket Zoning By-law Section 139-186
waiving the additional eight (8) spaces as well as relief under Zonln!; B}'.law
Section 19-20<:, waiving the loading zone requirein~nt. TI\e uses in the building
would be one (1) manager's apartment, eight (8) guest rooms;1,400,: square feet
of retail space, 1,000:. square feet of storage space, and 400:. square f~t of "ffice
space with the maximum number of employees ~m site at peak shift for the' retail
and office use to be tlirce (3)..There is aseparale structur~ on the'p~cmises that is
used as a laundry and stora~e facility.-The Premises is located at ~UNION
STREET, NantUcket, Massachusetts, Ass'essor's Map 42.3.1, Parcel 185. The
LocuS is zoned RES1DENTIAL. COMMERCIAL: .
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. . 2. ' . The' Board's decision is based upon/the application and materials
5ubn\itted with it,planS,and rcpresentalionsand testimony received at the
.hCllring on Novembei20, 1998. Several neighbocsattended, thehearing, and
, expressed noconcem abo,ut the proposed relief ~ the l'lanning Board,
,.,~:i;;,(,rec()mmended-'~tt"'" l'eClu~~ted relief be granted subject to Sit~ Plan lWvivw
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3. Based on the existing uses and the proposed changes which trigger
eight (8) additional parking space.'!, the Board finds that the project docs 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 rcconfiguration 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.,
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" " 4. No structural expansion of the building is propos_e~, and ~herefore ·
none of the pre-existing dimensional non-conformities wj1\ Pcin}pa,ct~d. Interior
. renovations arc, planned toeffectuate!the change of uses: .PJans show!llg anew
entrance stair facing Salem 'Street,;}n'd proposed changes to tl)e doors into the
retailspace arid the windows facing Salem and Was,hi.,gton S.ti-..,-:ets.t!l~t ar<:'
pending before the Historic Districts Commis~ion w,erereyiei\yy?at:th,e hearing.
The existing open area on the lot is in excess of tl}e 7.0% requi~ed in Section 139-
16Eand is found by the Board,tobe valuable as green space given the density of
;0,. the buildi~gs in the surrounding area. The proposed~e!)ovations, including the
" n,ew cntr~nce stair, \~~I~ co~ply ~ith ~?e.20% open_sp~c~,re.9l!ire~ent. .,~
'. ..." '-.r> ..~: '~J'.'z':;"'~..~~ ~-',.'_ ~;~'f;f" ~~'.~~ ~"'.'~.P"", .:.
5. The use of the Premises as' sixteen room guest hpus.c wilh a manager's
apartment' wilhoutthc provision of on-site park!ng or Io.ading facilitiespre-dates
1972 and is validly grandfathered as to the nine parking sp!lces that would be
required by Section 139-18 for such uses. Eight guest rooms will be eliminated
,. by the interior renovationS that arc pl~nried to accol1UTlodate the change}n use.
The Applicant proposes to use the fi'rst floor for a single:lenant~ctail use. The
second floor is proposedils office and storage ancillary to the remaining guest .
house and retail uses.' These new uses, together wilh the remaining eight guest
, r:ooms iHld manaeer's apartment, required a total of 17 parking sp~ces to,comply
with Section 139-18. The Applicant maintain;; that the use of the existing open
spilce near Salem Street for parking would have a signUicantand adve~se effect
, '. on the sceriicand historic integrity of the neighborlwod and I:>e contril:rr t.o sound
tf.i1fficand s,afetyconsidcralions. The Applicant is r<;lying ontllegeneral.
availability of lOad!ng areas in the>do~ntown conuncrci,al ~rc,a ~s e!i~n,:ting the
need for iin on-site loading'z~,ne. ' ,;~, . '" c.
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,6; Therefore, the Board finds that it is impossible to provide parking on
the site given'the configuration of the streets surro1Jnding the premises in a
manner that would be' consistent with sound traffi~,and safety considerat,ioliS,
that the ~sesprpp6sed arc co~istent wilhthc !=~~~r~ia!, d.o.wntown aiea, and
that the waivei' ofthdauditional parking ~paces~l}d .t.he }c>~~ing spacp required
is not substantially more detrimental to theneighporhoo~ .than the.cjdst~Ilg
circumstances and willbc in harmony with.the inte!'t and purpose of the Zoning
By-law. / >,' ..'" .
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, 70 Accordingiy, b)' a unanimoUS vole, the Board hereby GRANlS 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 01 a portion ol.the eXisting building to retail and o[ljce use on the,
following conditions:' d' .. . '. '
a) that there will ~ a single tenant for the first floor retail space and the d
second floor office and storage ,pace~~.~ancillary to the retail and
guest house use; and ..' . .
thAt' any eXterior displays of rnerchandi~ will not be in the yard ~a. .
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'TOWN CLERK'S OFFICE
NANTUCKET, MA '0255-4 '..
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NANTUCKET, MASSACHUSETTS 02554
Receiv~ Entered ~ c2 t fl'1
Date: DEe 112000 Time:.:? tL /' I
with Na9tu>.:k~County Deeds / / "'7
Book:~ .7 L Page: LJ? _
Joanne L. Kelley
Register of Deeds
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
followi.ng:
TOWN OF NANTUCKET
1'",. ~
Y',.f / .
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BOARD OF APPEALS:=> i~) U~~::> .~
Date:
November
/~
, 2000
Application No.:
073-00
Owner/Applicant:
REUNION LLC, BETH N. BROOKS, AND
JOSIAH BHOQES
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.
ol
Micha
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); Y139-32I (VARIANCES)
ANY 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 the Decision in BOA File No. 115-98. 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 proposes to convert a portion of the southern part
of the main building from use as a guest house and manager' squarters 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 is
nonconforming as to setback and which contains the laundry and storage
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 above 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 Nantucket 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 parking 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-conformities 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 buildings in the
surrounding area.
5. 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-dates 1972 and is 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 brings the required
number of parking spaces to nineteen according to Section 139-18. The parking
area shown on 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 parking space
required as a result 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 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. 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
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 parking space 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.
8. Accordingly, by a unanimous vote, the Board hereby GRANTS a
SPECIAL PERMIT (i) to waive the additional one (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 Decision in BOZ File No. 115-98, all on the following conditions:
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 site plan attached
hereto as Exhibit A; and
f) that any exterior displays of merchandise will not be in any yard area
or o:::::~:~ :~::::nrrance smirs. ~ W Dw~c;:J
Dale Waine
Dated:
~.:~ f: C' r:. :{ -\; ~~ 0
TOVVN C1J~,F\:~'S OFFICE
NANTUCKr:T. M/\ 02554
Mi
NO\} 1 6 2000
liML::h I : ......~s ,pV\A
Ascot ,'- .-
CLEHK:__X-L~
{f~~jjMAlj
Neil D. arent
~
Nancy Severns
I a:RTIFY1HAT 20 DAYS HA VB EUtPSED AFI'ER
TIlE DEOSION WAS FiLED IN THE OffiCE OFTIIE
roVlN a..ERI<.. AND 17.A.T NO APPE..eu. HAS BEEN
mID, FU'RSUf-\.l'IT TO GEN'FJlAL Lr\ WS 4M-, SECI'1ON 11
~ rowN<ll.RK
n~r' 11 :(noo
CURRENT ZONING: RES.-COMMi
MINIMUM LOT SIZE: 5,000 S.F.
MINIMUM FRONTAGE: 40 FT.
FRON1YARO SElBACK: NONE
SIDE AND 'REAR SETBACK: 5 FT.
ALlOWABLE G.C.R.: 507.
EXlSllNG G.C,R.: 46.2.7.:1:
PROPOSED G.C.R.: 42.87.:1:
PROPERTY UNES SHOWN ARE TAKEN FROM RECORDED
OEID AND PWl REFERRED TO HEREON, BUILDINGS, MONU-
Me:NTI1, till. ME PL.Omo FROM FIElD MEASUREMENTS.
I HEREBY CERTIfY TO '!HE BEST OF MY KNOM.EDGE
lH^T lHE PREMISES SHoWN ON lHlS PL/IN ARE
LOC^TlD 'MlHIN lHS: 0 ZONS: Af/. CWNtJ.Ti:O
ON 'lHE .FlRM' MAP OF COMMUNITY NO. ~02.:50i
MASS. EFFEC11vt:: 7-2.-92. BY 'lHE FEDERAL.
EMERGENCY MANAGEMENT AGENCY.
N.B. 207 .16
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PLOT pLAN TO ACCOMPANY
Z.B.A. APPUCAll0N
IN
NANTUCKET, MASSACHUSETTS
SCALE: 1'=20' DAlE: JULY 27, 2000
DEED REFERENCE: DD.BK.601.PG.214
PLAN REFERENCE: PL FlLE 51-1<
ASSESSOR'S REFERENCE:
MAP: 42,3,1 PARCEL: 185
PREPARED FOR:
6E1H N. 'BROOKS t.c
JOSIAH BROOKS
N^Nl\ICKE:T SURVEYORS INC.
5 WINDY WAY
NANTUCKE~ MA. 02554
N:""6402
if /:;-, 0 0
Town of Nantucket
RECEIVED. ,
BOARD OF ASSESSORS
ZONING BOARD OF APPEALS
JUN 1 3 2003
TOWN OF
NANTUCKET, MA
LIST OF PARTIES iN iNTEREST iN THE MATTER OF THE PETITION OF
PROPERTY OWNER......... @!~. ~!r:.~. /:::.~ ~...............................
MAILING ADDRESS...... .0... <<"!.~'?~ J f...........................................
. &, U 1-1 (~ 51
PROPERTY LOCATION...................................~............. ..................
ASSESSORS MAP/PARCEL....... .1.2.:..3.:.! f.g-.r:..........................
APPLICANT.,... ,f{~l!!!.'.~. .~.~(I!Jr~~.'4:$....... ...... ......... ...... .........
SEE ATTACHED PAGES
I cer1i fy 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)
~/4,.)/!tJ..?.
DATE
;&;~~a.4A~
ASSESSOR'S OFFICE
Town of Nantucket
6-2d-2003 12:01PM FROM PHILBRICK AND AvERY 5082285155
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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, SEPTEMBER 12,2003, IN THE CONFERENCE
ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application of the following:
REUNION LLC, BETH N. BROOKS AND JOSIAH BROOKS,
BOARD OF APPEALS FILE NO. 054-03
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 apartment. The subsequent Decision in BOA File No.
073-00 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 ofthe ftrst floor
of the structure to commercial/retail use with certain restrictions, 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 ofthe 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 reliefruns for a two-year period after fIling of the Decision with the Town
Clerk 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 d
Department within that time period, now requiring a new Application for the same relie't
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 ofa pre-existing nonconforming 0
structure/use) to validate the elimination ofthe guesthouse use in its entirety, creation ofo
the owners dwelling unit on the second floor, creation of a separate retail space in the ~
southerly portion ofthe frrst-floor area, and allow demolition ofthe rear nonconformin~
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 ofthe condition specified
above. No further alterations in the uses are proposed as part of this Application. The
Locus is conforming with all dimensional requirements, but is nonconforming as to
parking and loading zone requirements.
The Premises i~ located at 6 UNION STREET, Assessor's Map 42.3.1, Parcel
185, Plan File 51-K. The property is zoned esidential- 0 ercial. .
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FEE: $300.00
,,=u u'-~. "MI'U'" "VAlID V~' APPEALS _ L 3f:i/i,
1 EAST CHESTNUT STREET f'>
NANTUCKET, MA 02554 11 ~ ":')
CASE NO.OS-,..-u..:>
APPLICATION FOR RELIEF
Owner's name(s):
Reunion LLC. Beth N. Brooks. and Josiah Brooks
Mailing address:
Applicant's name(s):
79 Union Street. Nantucket. MA 02554
same
Mailing address:
Locus address: 6 Union Street
Assessor's Map/Parcel: 42.3.1-185
Plan File No.: 51-K Lot No.:
Date lot acquired: 3/9/99 Deed Ref: Book 614. pal.!e 3 Zoning District: RC
Uses on Lot- Commercial: None_ Yes (describe) retail and ancillary office
Residential: Number of dwellings-L Duplex_ Apartments Rental Rooms
Building Date(s): All pre-date 7/72? x or
Building Permit Nos: 7818-91. 390-99. 430-01. 294-02
Previous Zoning Board Application Nos.: 115-98 and 073-00
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:
C of O(s)?
Applicant seeks to have the Board re-grant the Special Permit to convert the remaining first floor space
from lodging house to retail that was granted in ZBA File No. 073-00, and to modify the Special Permits
previously granted in ZBA File Nos. 115-98 and 073-00 so as to permit the exterior display of merchandise
in the yard area. Copies of the previously submitted prior ZBA decisions and July 15, 2003 Letter from
Philbrick and Avery are attached.
I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under the pains and penalties of perjury.
Reunio LLC, Beth N. Brooks and J si~rooks
SIGNATURE: - I~~c't Attorney/Agent X
(If not owner or owner's attorney, please encI e proof of agency to bring this matter before the Board)
FOR ~",OFFICE USE
Application received on: ~/(p /cBBy: (~) Complete: Need copies?:
Filed with Town ClerkK@Jez. Plannin~'~ DuiIdiBg B."t.. I ~BY:_~
Fee deposited with Town Treasurer: ~~/:a2Rr: . alver requested?:_~I4~u,..L7: /_
Hearing notice posted with Town Clerk:-E7:lO /12.Mailed:~dt12I&M:-XJtf1i0& ..SJ~
Hearing(s) held on:_/_/_ Opened on:_/-I_ Continued to:_/_/_ Withdrawn?:_/_/_
DECISION DUE BY:---1_/_ Made:---1_/_ Filed wIT own Clerk:_/_/_ Mailed:---1-1_
DECISION APPEALED?:_/ ---1_ SUPERIOR COURT: LAND COURT Form 4/03/03
Melissa D. Philbrick
Emily Avery
PHILBRICK AND AVERY LLP
Post Office Box 148
Zero Main Street, Second Floor
Nantucket, Massachusetts 02554
t~~y
R. Penelope Scheerer
Tel: (508) 228-5151
Fax: (508) 228-5155
July 15, 2003
BY HAND DELIVERY
Linda Williams, Administrator
Nantucket Zoning Board of Appeals
One East Chestnut Street
Nantucket, MA 02554
Re: Reunion LLC - 6 Union Street
ZBA File No. 054-03
Dear Linda:
On behalf of Reunion LLC, I hereby request that the application pending
in ZBA File No. 054-03 be amended to include the same relief that was granted in
ZBA File No. 073-00, and that the application be re-noticed to include such
amendment.
In 2000, relief was granted by the Zoning Board to permit the conversion
of a portion of the guest house to retail use on the first floor and residential use
on the second floor. As a part of that relief, an accessory structure on the
property was to be demolished and a parking space provided. The applicants
applied .for and received a Building Permit for the demolition of the accessory
structure and completed that aspect of the project. After discussions with the
then Building Commissioner, the applicants made interior renovations to
accomplish the conversion of the main building. Because no Building Permit
was obtained for that work and change of use in the main structure, the current
Building Commissioner has interpreted the Board's decision in File No. 073-00 to
have expired without being properly exercised. Accordingly, the applicants seek
to have the Board re-grant the 2000 Special Permit so that they can work with the
Building Department for all necessary permits, inspections, and sign-offs.
A copy of the Board's decision in File No. 073-00 was recorded in Book
679, page 167 at the Nantucket Registry of Deeds in December of 2000, and is
J \ (- ....
Unda Williams, Administrator
Nantucket Zoning Board of Appeals
July 15, 2003
Page Two
attached to the original application in File No. 054-03. The applicants request
that the Board re-grant a Special Permit (a) to waive the one additional parking
space and the loading zone so as to permit the conversion of the remainder of the
first floor from guest house to retail use, (b) to permit the alteration of an existing
nonconforming structure/use for such change of use, and (c) to modify the
original Special Permit in File No. 115-98 accordingly. The conditions of the 2000
Special Permit would remain the same except, as set forth in the application in
054-03, the applicants request that the condition regarding exterior displays of
merchandise be modified so as to permit the display of merchandise in the yard
area.
If you have any questions, please let me know.
Melissa D. Philbrick
enc.
cc: Ms. Beth Brooks and Mr. Josiah Brooks
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Map 42.3.1
. Parcel 185
. 6 Union Street'
Deed Book 463, Page 56
NANTUCKlIT ZONING BOARQ Qf A.PPEALS
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. DECISION:
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. The Board ,of Appea.!:; a~ ,a Publi'!:iearinghcldonFri~ay, November 20,
; '1998, a;t 1:00 p:nl.ln the Confcrence Room of the To:w.n Ahnex Building, 37,
'. '~W ashirigton Street, NimtucketrMassachusetts,mad,e. the fo!l\.')wing Decisioll on
the application (115-98) of BETH N. ~ROOI<S.an~JOSlAHBROOI<S, Qf79 Union
.Street;'Narituck~t;MA025~as conn-act pur~l"'-Sers 9tprope~ow~ed by:.
:;, I.ESTER 'C.A YERS; etal;o{ PostOtfice Box 1087, Nantucket, MA 02554 situated
.: . 'at 6 tinl9n Stieft, -N.inw(kc?t,Massachusctts 02554. ~."... ,;, ,.< ,. ,
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'J!' ,'; ',,' -1.' ': "Ajiplic:ahts (Brook:;) arc sceki1~g relief by SI'EClAL PERMIT under
Nantucket Zonfg By-law Sec~iori'139.33A (alt~~.t,ion/ expansi?1\ of ~ pre-cxisting
nonconfonning strpcture/ use). Applicants propose to conve,rt a portion of an
, existing gu.est hou~e .(known as Ayers Guest House) ~o a retail u~, by converting
eight (8) o~ the existing '16 guest rooms to use as a rc!ail spacc, on the (irst floor
. , and as an :office:and storage area, ancillary to the retail space, on th~,ScC6nd and
. third floors:: No e'ipaJ1$ion of the.building is planriC'i,butinterior renovations
.", .' are contemplat~d. Nine (9) parking spaces are required for,the current use, Y'ith
the proposed.uses requiring ,17 parking spaces. .Ai'plicants are thcrefore seeking
, .,. relief by SPECIAL PERMlTunder Nantucket Zoning By-laW Sectiori 139-188
.wili.ving the additional eight (8) spaces as well as'relief !oJnder Zonin{; B)'~iaw
'Section 19-2OC, waiVing the loading zone require~~nt. TI\e us~in the building
"would be one (1) manager's apartment, eight(S) gu~t rooms;'I;400,:, squ~re feet
, of retail spacc, 1,000:. square leet of storage space, and 400,: square feet ol office
. . splice with t.he ~",xi~um number 'of emplo)'~ ?n site. at peak ,s~ift for the' retail
", ':' and office use to be threc (3). .There is a.sepa~!1t!!l!tr~cture on the Plcmisesthat is
'. T';!: ~':, uscda~i1la~ndryanc1 ;;toracc facility.,X,he PterrU$~ isioca~.eda~l~NIOt:'l '
srREET,'Na"t\icket, Massachusetts. AsSessor's ~p 42.3.1, rarccl1.85. .' The
,LocuS is zoncd RES~DENTI,AL -COMMERCIAL. . .
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.... .'subo\itted with it, planS, and representations' and testimony receixed at the ..,
,;:,~~.lIearing on Novem'Wi20, 1998: Several nei&hbors,~\~ended the 'J\earir\g, and ~:...:
. .)~;~\cxpr~d noconcen:\ ab6utthe propO$ed teli~E'~ th.e riAMii\g' Board, .; .... ,',
. -':.'~~:,;,;rec"mmended that.the Nquested relief be sran~s\lbjec:t to Sit.. Plan R9vivw
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,3. .' Based on the existing uses a~dthe proposed chc1nges which trigger
elgh~ (8) additional parking spaces, the Board finds ~t the projcct docs no~
. .' create a Major Commercial Devcl~pment. No new commercial spac~is~ing
created and less than,20 ~ew' parking spaces are required for this projeet'A plan
" showing the propose<l rceonfiguration of the entrance stairway discussed at th~ .
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 strucllirat'cxpansionofthe buildingispropo~,~,and~herefore ,
non:e ,of t~epre~~isUng dimensional non<onf~hnities.will Pc impacted"lnterior
,;' ~~~no~~ti<?nsa.Ic,pla~ed t(n!Hedu~te!thech.iJ1ge ofl1s~s; .PJ~!~~90~!n.g ~ :n.ew
,,' critranccsta'ir facing~lein Street/ana proposedchi:}ngesto ~1)e q<>.orsinto~he
re~ansp~<:e a~d the, wirii.ic;>ws facing Salem aru;! Wa~lli!1glo:n'~,tr,~<<:~s}ha.t~!}l'
pendi~g ~fore the Hi~t?ric 9is,tr~~t,~C,om~~ion"Xere.rc~i~'1~~~~t.:t.h~~7,iring.
The eXlstmg open area on th~ lot IS m excess of ~i}e ?:-O';4rc~ull:edl!, SectlonJ39-
."';, 16E.,~ncl, i~, fo~n~. by. the Boa~J'to' be valuable as green space given'the density of
" -'the buildings!n the surround.ing.area, ::rhe,proposcdfe~lJva~ons; including the
':""d:new entra~cc stair, will complY W)thlI1~~O~oP~J} spac~.!~guire!1l~nt. .,.'';
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;:,: . , ...... 5. ,Th~ use of ~he Pr~mises as'sixteen room guest h9\!SC,~it~ a manager's
. apilrtmcnt without the provision of on-site parki~g orl9.a4!~g ~a~iliti.Cl!.pre-datcs
, 1972 andlSvalidlY grimdfathered as to the riihcp~rJ<jng sppq$t~la.t would:.be
required by Scdillri 139-18 for such uses.Eigh~ guest roonts ~vil1 be eliminated
r:;:. ..' by the interior rcnovatiohs that arc pl~nned to ciccorj:unQdi!tethe c~anie)n u~.
,.' "TheApplicant proposes to use the fi1'st floor for a singlc7tl;na,nH~.ta.i1 u,:;c.,The
,'scc.ond floor ispropo~ed.i1s office and slorage ancillary .toJh~ rem~i,~ing'guest ,
""house a,nd rctailuses: These new uses, together with the remaining eigiltguest
..~'.r:oi:>ins andirlanager's apartment, required a total 0(17park!ng sp~ces to~clJmply
". 'wiihs.cciion 139~18. ThcApplicant mairttai~ that t!1e use of theexisti"-g open
spacc~cilr,S'iltem Strecdor parking would h;ive a signi!icant.~nd,~dv~~~~ ~Hect .
;.' "" .... on the scenic :arid hist6ricintcgrity ,of the ncighborh9od and ~c <:on~rary, to sound
,} -,0, .: trfiHi~ ,a,n,~. s\l,fety co,nsidCi'a'~io'ns: -TI1C Applicari,t ~s rl:lying 9n,t!1e $e~~r~L; .
. _ayailabi~ity of l?a~\ing areas in" the'oo\yntown f.<)~~rc~a\ ~r~..i'.!~!!!.i~~~ting the '..'
'need for an OI,:silc'loadii\g~~,o~~;;;.':~'~",:~;~,;':,::;:~,;~;,~'i'/),{:;~,:, ::-'l:t:,~ir, '- ;... ....
:6: Therefore, the Board finds that it is impossiblc to provide parking on .
, the sit~ giveri the configuration of tile, streets surr~)\:II~djn~ ~~e premises in a
miuUter that would be' consistent with sou~d ~raffic_ an~ s~ety considerat!ons,
. tha,t the' ~5cs pr?Posed arcco~isteht ~i~11 tl\c~~T!l'!l,r.~i~~,~,<>.wntoWl) ,if.,e:a, and
. thaHhc\..;.iiiver ofthi!'-:{dditional p';lrking spaces and thc loading space required
A is not's'ubstiu\liall y morc'detrimental to lhen~iihj;Oih~~~ j~~ni~~,:~~~~~g
circu~tances and willbc in harmony with. the inte~t and purpose of tll~ .Zoning
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,7. Al:l:ordingiy. b)' a unanimoUS vote. the Board hereby GRANTS a
,SPECIAL PERMIT to, waive thcadditionalcight (6) parking spa(:es required by ,
Section 139-18 and thcloadingzone required by Section 139-20 for the
" . conversion 01 a portion olJhe existing building to retail and o!!ice use on the, .
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'a) that 'ther~wi1l be a single tenant for the first 'floor retail space and the"
" . second floor officc and slCltas~ spac~~~ _be!lncillarylot.he retail and
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that' a~Yexteriot 'displays of rnerchandi!oe will not be in the yard area.:" ,
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NANTUCKET, MASSACHUSETTS 02554
Receiv~ 6ntered e2 6
:late: DEe 112000 Time:3 Y/11
Nith Na9tu.Rk~County Deeds / / Z
3ook: {,t. J '2. Page: LP _
Joanne L. Kelley
Register of beeds
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
followi.ng:
y..yft
TOWN OF NANTUCKET ..
:' / .... v~ F ,...>......~\ ~ .;~~-"\.<\ .J.j
BOARD. OF APPEAL~ V-' r u/
Date:
November
/~
, 2000.
Application No.:
073-00
Owner/Applicant:
REUNION LLC, BETH N. BROOKS, AND
JOSIAHBBOOFiS
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.
ol
Micha
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); Y139-32I (VARIANCES)
ANY 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 the Decision in BOA File No. 115-98. 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 proposes to convert a portion of the 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 is
nonconforming as to setback and which contains the laundry and storage
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 above 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 Nantucket 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 parking 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-conformities 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 buildings in the
surrounding area.
5. 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-dates 1972 and is 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' sapartment, 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 on 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 parking space
required as a result 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 ai'ea 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
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 parking space 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.
8. Accordingly, by a unanimous vote, the Board hereby GRANTS a
SPECIAL PERMIT (i) to waive the additional one (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 Decision in BOZ File No. 115-98, all on the following conditions:
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 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.
Dated:
November, ft 2000
~;:~ ECi::r~,:ED
TOWN CU::p,;~'S OFFICE
NAj\.ITUCKET. MA 02554
NO\) 1 6 2000
liii;h:::___ . I: -35' f"^
A .._,
S~~.
CLEnK:__X\-~
I CERTIFY nIAT20 DAYS HA VB ELAPSED AFl'ER
THE DEOSION W "'~ FILED IN TIffi omCE OF THE
TOWN a.ERK. AND TdAT NO APPE..\L HAS BEEN
mID. pURSUANT 10 GENFRAt u\ WS 4QA, SECTION 11
~ rowNaSX
\)Fr 11 20GO
Dale Waine
Mi
(Q"Q:~ jiJ~l j
Neil D. arent
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Nancy Severns
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CURRENT ZONING: RES.-cOMMl
MINIMUM LOT SIZE: 5.000 S.F.
MINIMUM FRONTAGE: 40 FT.
FRONlYARD SETBACK:. NONE
SIDE AND 'REAR SETBACK: 5 FT.
AU.OWABLE G.C.R.: 501.
EXlSllNG G.C.R.: 46.27.:1:
PROPOSED G.C.R.: 42.81.:1:
PROPERTY UNES SHO'I/N AAE TAKEN FROM RECORDED
DEED AHD PLAN REFERRED TO HEREON. BUILDINGS. I.ION\J-
WtHTS. ETQ, AAE PLOTTEO FROW flElJ) t.lEASURa.lENlS.
I HERES'!' CERl1fY TO i1iE: BEST Of' U'!' KNOM!DDE:
'!liAT '!liE PRa.lISES SHOWll ON lHIS PlAN AAE
LOCA'\'G W1'!liIH 'nil: 0 ZONE All DEUNEATEO
ON i1iE "ARM' MAP Of' COMMUNITY NO. 200230;
),I,l,SS, EFFECTIYC:: 7-2.-92 BY 'lKE FEDERAL
D.lERCENCY ),IAAAGatENT AGENCY. .
N.B. 207~16
PLOT PLAN TO ACCOMPANY
2.B.fo.. APPUCA llON
IN
NANlUCKET. MASSACHUSETTS
SCALE: ,....20. DATE: JULY 27. 2000
DEED REFERENCE: DD.BK.601.PG.2.1+
PLAN REFERENCE: Pl.. FILE 51-K
ASSESSOR'S REFERENCE:
MAP: 42.3.1 PARCEl: 185
PREPARED FOR:
BE1H N, 'BROOKS &
JOSIAH BROOKS
N~'l\JCl<tT &URvtYORS INC.
5 WINDY WAY
NANlUCKET. Mfo.. 02554
N:"'S402