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HomeMy WebLinkAbout101-98TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSET'T'S 02554 Date: December ~O 19 gg To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 101-98 Owner/Applicant: BOARDING HOUSE REALTY TRUST, RICHARD L. BUECHEL, SETH C. RAYNOR AND ANGELA L. RAYNOR, TRUSTEES 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 days 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. C~Uc~. e W. Waine Chairman cc: Town Clerk Planning Board. Building Commissioner ~~ PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING~TO NANTUCKET ZONING BY-LAW §139-30I (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. Map 42.3.1 Parce1127 Residential -Commercial 12 Federal Street Deed Book 378, Page 42 Plan File 20-D NANTUCKET ZONING BOARD OF APPEALS DECISION: The Board of Appeals at a Public Hearing held on Friday, October 16, 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 (101-98) of BOARDING HOUSE REALTY TRUST, RICHARD L. BUECHEL, SETH C. RAYNOR AND ANGELA L. RAYNOR, TRUSTEES under Declaration of Trust dated December 28,1991, of 12 Federal Street, Post Office Box 1014, Nantucket, Massachusetts 02554. 1. Applicant is seeking a MODIFICATION of a SPECIAL PERMIT granted in Board of Appeals Decisions 027-91, to allow the conversion of Level B from the retail/ office uses permitted in that Decision to a restaurant use. The Applicant proposes to use Level B as a 65-seat restaurant, which use would involve up to 13 employees. Applicant requests the flexibility of locating eight (8) of those 65 seats on the deck on the northerly side of the building from time to time or elsewhere on the Premises. No structural expansion of the building is proposed. The parking requirements for this use are 16 spaces for the restaurant and four (4) for the employees, for a total of 20. Applicant also seeks SPECIAL PERMIT relief from the parking requirements of Section 139-18, waiving seven (7) spaces. The Locus is nonconforming as to ground cover ratio, setback, minimum lot size and parking requirements. The Premises is located at 12 FEDERAL STREET, Nantucket, Massachusetts, Assessor's Map 42.3.1, Parce1127, Plan File 20-D. 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 hearing on October 16,1998. Several letters in support of the application were received, one person spoke in favor of the application, one neighbor expressed concerns about various operational issues, a petition in favor of the prolect was presented by the Applicant containing signatures of 54 members of the general public, and the Planning Board recommended that the requested relief be granted. 3. Based on a review of the prior zoning decisions, the Board finds that the proposed Level B use change does not create a Major Commercial Development. No expansion of commercially-used space is proposed. The prior decisions show a historical decrease in the total number of restaurant seats in this building, and therefore the addition of 65 seats at this time is less than the 100 new seats required to trigger MCD status. The 1991 Special Permit establishes that there was an increased parking requirement of 8 spaces at that time, with 13 spaces allocated to the uses on Level B. The parking requirements for the proposed restaurant use of Level B is 20 spaces and therefore this project would add 7 spaces. The uses proposed since the enactment of the MCD provisions in the Zoning By-law (including the use proposed in this application) will have resulted in a net gann of 15 parking spaces. 4. No structural expansion of the building is proposed, and therefore none of the pre-existing dimensional non-conformities (as to ground cover and setback) will be impacted. In connection with the deck on the northerly side of the structure where the outdoor seating is proposed, an awning over the deck and atrellis-like enclosure along the side of the deck are proposed to mitigate noise that can be associated with outdoor seating. No outdoor seating in connection with the Level B restaurant is propposed other than the eight seats on the deck. In response to concerns expressed by several Board members, the Applicants proposed that the use of the deck would be limited to a single seating each evening beginning no later than 7:30 p.m. so that the deck will be vacated by 10:30 p.m. and that there would be no music on the exterior of the building. In the event the outdoor seating is not is use, some of the 65 seats may be located elsewhere within the building. The Board finds that the proposed new restaurant on Level B is in harmony with the general purpose and intent of the Nantucket Zoning By-law and will not increase any dimensional non- conformities. 5. Concerns were expressed by a neighbor regarding the operations of the restaurant on Level A, in particular the outdoor seating in the patio area to the south and east of the building and the bar area. The applicants agreed that on the days when the patio is in use the patio entrance will be staffed to control noise and overcrowding from 10 p.m. until closing. In addition, to further address potential noise issues, the Applicants agree that the windows and skylight in the bar area (Level A) will remain closed from 10 p.m. until closing. 6. Notwithstanding that the existing Special Permit allows Level B to be used as a separate and distinct commercial space and use, Board members were concerned that the two restaurants proposed for this building should function cooperatively, particularly as to loading and delivery services. The Applicants therefore stipulated that the restaurants, while they may be operated under separate names with different menus, would be under common control. 7. The Board finds that it is impossible to provide parking on the site, that the uses proposed are consistent with the commercial downtown area, and that the waiver of the additional parking spaces 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 MODIFICATION of a SPECIAL PERMIT NO.027-91 to permit the conversion of Level B from retail/office uses to a 65-seat restaurant and GRANTS a SPECIAL PERMIT to waive the additional seven (7) parking spaces required under Section 139-18 for that use on the following conditions: a) that the exterior seating to the north of the structure associated with the new restaurant will be limited to (i) a maximum of 8 of the 65 permitted seats, and (ii) the existing deck area with no seating at ground level on that side, and (iii) to a single seating each evening beginning no later than 7:30 p.m. with the deck vacated by 10:30 p.m.; b) that there would be no music broadcast to the exterior of the building; c) that, when the patio to the south and east of the building is in use, the patio entrance will be staffed to control noise and overcrowding from 9 p.m. until closing; d) that the windows and skylight in the bar area (Level A) will remain closed from 10 p.m. until closing; e) that the restaurants (the new restaurant on Level B and the existing restaurant on Level A), while they may be operated under separate names with different menus, will be under common control; and f) that an awning over the exterior deck seating area and a trellis along the northerly edge of the deck shall be installed, and the ar along the northerly property line landscapedwr~~9 »10~ t~ZSIC~C nP G~ Dated: December ,1998 Dale Waine (? ; M' a O'Mara RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 DEC 10 1998 TIME: 3.~~ P.n.i~ as,:.. CLERK: I-- ~" Linda F. Williams TOWN OF NANTUCKET ZONING. BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, OCTOBER 16, 1998, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: BOARDING HOUSE REALTY TRUST, RICHARD L. BUECHEL, SETH C. RAYNOR AND ANGELA L. RAYNOR, TRUSTEES BOARD OF APPEALS FILE N0. 101-98 Applicant is seeking a MODIFICATION of a SPECIAL PERMIT granted in BOA File No. 027-91, to allow the conversion of Level B from the retail/office uses permitted in that Decision to a restaurant use. The Applicant proposes to use Level B as a 65-seat restaurant, which use would involve up to 13 employees. Applicant requests the flexibility of locating eight (8) of those 65 seats on the deck on the northerly side of the building from time to time or elsewhere on the Premises. No structural expansion of the building is proposed. The parking requirements for this use are 16 spaces for the restaurant and four (4) for the employees, for a total of 20. Applicant also seeks SPECIAL PERMIT relief from the parking requirements of §139-18, waiving seven (7) spaces. The Locus is nonconforming as to ground cover ratio, setback, minimum lot size and parking requirements. The Premises is located at 12 FEDERAL STREET, Assessor's Map 42.3.1, Parcel 127, Plan File 20-D. The Locus is zoned Residential-Commercial. ~tECEIVEI~ TOVVN CLERK'S OFFICE NANTIJC~!FT. nn? X2554 SEP 2 9 1998 TIME: 3':5s ~..u, --T ~ ~~ GLE K:~~--~ THIS NOTICE IS AVAILABLE ALTERNATIVE. FORMATS (SORB ~~8=721 ~ . _ _ -- ..._ C.~ Dale W. Waine, Chairman IN LARGE PRINT OR C(~THCR FOR ASSISTANCE LALL _ _._ __ BoA For^•. I-S9 NANTUCKET ZONING BOARD OF APPEALS TOWN AIVD COUNTY BUILDING NANTUCKET, Mt'1 02554 Date / ~iQ~ Case No . O ~ C f (, APPLICATION FOR RELIEF Owner's name(s): Boarding House Realty Trust, Richard L. Buechel, Seth C. Raynor and Angela L. Raynor, Trustees Mailing address: 12 Federal Street, Nantucket, MA 02554 Ar+~lica:l t' s Name : Same Mailinc Address: Locatio^. of Lot: Assessor's map and parcel number 42.3.1 - 0127 Street Address: 12 Federal Street Regi stry 'acoZ~kitiha^53 Plan 20-D Deed Book Date lot acquired: 12,31 / 91 ffixx~~ 378/42 Zoning dish-i~t R-C Uses er. lot - commercial : Lx@~ Yes, ~er 027-91 no - number of: d:•;ellings 1 duple::- apartments rent,- --..T,s- ~..ilding :ate (s1 ali pre-S/72? X ~x w/modifications ~ ~_ ~~ '~ BLi'~dina : er:nit aor~l .Nos . -- Case Nos. a'_1 BOA application Nos. 049-83, 019-86, 027-91 State f•u'_ly a'_1 zoning relief sought and respecti•.,e ~ de ~____~..~, and subsections, specifically what you propose compared to Ares=::= ar.d ::•hat grounds you urge for BoA to make each find~ng ~ Sect_~.. _.9-3~_ ~f Variar:ce, 1.9-ACA X if a Species: :_..,,__ ~.._u __;-_~.. _ __ _~ a'_~__ O~" extend a nOnCOniOrming USe) _~ a^~pea! per _~7-~_. .~ _, .._tac. deci_~or. e~ order appealed. OI: to ~.~_~.~.. a~~e..~_.., See Addendum A attached. Items enciosad as part of this Application: order -~~__.~~ X Locus m<.p_ Site plan X showing present X +planned_ str•,:c~ures Floor ^lans ^resent_ proposed- elevations (:IDC approved Lis~_. gs lot~area X frontage X setbac:~s X GCR X .~::_. _._.tU X Assessor-certi`ied addressee list 4 sets X ma~ _~.,_'_s~.. setsX 5200 fee payable to Town of Nantucket X proof'_Jcap' _~ve::_~:~:~ =(If ~... appeal, ask Town Clerk to send Bldg Comr's _eccrd tc Bc=.; I certify that the requested information submitted is substant'_al'__; complete and true to the best of my knowledge, under the oa_ns and aenalti es of _ ~ t:rv. B RDING HOUSE REALTY TRUST SIGNATU3E: By Atto'_-re}'/:~c_'::t XX M lissa D. P ilbrick 3(If rot owner or owner's attorney, enclose proof o` author;t~~~ FOR OFFICE USE ~~~~ Application copies roc' d: or for BoA on ~/~;_~-'~TCJ One copy filed r:ith Town Clerk on~j~~ by _ ~..,~~;:~~?~ pi r _Lc~~~~~Zil ~~ One copy eacn to _ ~anning ~d and Building'Dep~~/_, ~y ~~~ 5200 fee c'.-ieck given Town Treasurer on~/~/~}~!~~~::ai~~ad"' Hearing notice posted~/~/_ mailed/~-~/lo I&f•TG~/~j~GV'_ Hearing(s) on_/_/_ cont'd to_/_/_, _/_/_ ~:•ithc'sa:•:n?_/_!_ Decision due by_/_/_ made-/_/_ filed TC_/_/_ mailed_i_/_ See related cases lawsuits ~~__ +~+ ~.__ .._~:~, -_ e,- --~- -~`-- --~.7~-`_'~ oiler. _ _-...-- --- -- _ .~_ . Addendum to Application of Boarding House Realty Trust The Applicant seeks a modification of the 1991 Special Permit (027-97) to allow the conversion of Level B from the retail/office uses permitted in that decision to a restaurant use. The Applicant proposes to use Level B as a 65 seat restaurant, which use will involve up to 13 employees. The Applicant requests the flexibility of locating 8 of those 65 seats on the deck on the northerly side of the building from time to time, weather permitting. No structural expansion of the building is proposed, and therefore none of the pre-existing dimensional non-conformities (as to ground cover and setback) will be impacted. The parking requirements for this use are 16 spaces for the restaurant and 4 for the employees, for a total of twenty. The parking allocated to Level B in the 1991 Special Permit was a total of 13, for a net increase of 7 parking spaces. It is impossible to provide for parking on the lot, therefore a waiver of the 7 new spaces is requested. Based on a review of the prior zoning decisions, it appears that the proposed Level B use change does not create a Major Commercial Development. No expansion of commercially-used space is proposed. The prior decisions show a historical decrease in the total number of restaurant seats in this building, and therefore the addition of 65 seats at this time is less than the 100 seats required to trigger MCD status. The 1991 Special Permit establishes that there was an increased parking requirement of 8 spaces, and this project would add 7 spaces for a net gain of 15 spaces. The Zoning Board decisions prior to the 1991 Special Permit (019-86 and 049-83) are unclear as to the parking analysis. However, the 1991 Special Permit has the stated purpose, in part, of clarifying the vagueness of the prior decisions on this issue, and therefore, the Applicant has relied on the 1991 Special Permit in this regard. The Applicant also requests that the Board approve the project under the Minor Site Plan Review provisions of Section 139-23 based on the attached plan of the existing structure, waiving to the extent not disclosed by the attached plan or addressed in prior Zoning Board decisions the informational requirements of Section 139-23F. :i ~~k tt ryr, ~_'= L- ne„r,...~1~ - v~~r~,,~ p.„rti } ~' T e Y°j ' uv) I ~~. N 83. ~6 W A L~ i ~; C ~ \! ''~ MINIMUM LOT SIZE: SF A1INIMUM FRONTAGE: dog ,~ p¢t M~A~„ To fow"~/'~~~~1 i~roKJ~eS ulw~ec.N,f=LcTS/~~icrGUaCJ~t-t-'( ~ MORTGAGE INSPECTION'F~~`~ FRONTYARD SETBACK: NOHG- 6' ' ~vct„Fo quo A~-~i'T~-n ~' .'~""~"' Pa~F°2- ~~Q""~ Ti'c'`°° ~ Poc~T~'1 Iu IN MASSACHUS~T-= NANTUCKET SIDE AND REAR SETBACK: : 5oI (4ckSp~.c.Pcu<,-ro,~-SS~ C R ALLOWABLE G S ~.o~ASr~~c--ric°1-!•~:~ ,_:~~'f oF~~M'~`~ ` r ' , N -- 1 =10 DATE: t :'.~_, SCA_E: . . . EXISTING G.C.R.: 2G a9~F~FN/N (2ts~I5FCccar.;) ~ )~'. 11o, ~,~2a o row L'.u~wn/•: Pritrt . ' ; 1 FOR PROPERTY LINE iDETERMINATION' THIS(PLOT PIANO j4['l~Idbic-~.~T~lj ~Icil'co.tG.~=t~((ui*~/e.TP~t .:.' : ^ pLADN REFERENCE~:QL FL RELIES ON CVRRENT DEEDS ANO PLANS OF RECORD, N HEREON P~esL7~D UNG>:C. M• ~' ~ L-, C!T •1Q /-~ 11 ~ ~~~+'~ - S C ^ "~r , ASSESSOR'S REFERENCE: . VERIFIED DY FIELD MEASUREMENTS AS SHOW THIS PLAN IS NOT REPRESENTED TO BE A TITLE ~ ~tpy , l Z / `IC~T, p„y,,,-F~ F(c, I~l}-Iq'I)'j t~'2')-19°.~, MAP:Q?,3.1 PARCEL: 12! EXA611NAT10N OR A RETAACEMENT SURVEY. PREPARED FOR:,~r,~iT.~'i~ ~ ~~-- HEREOY CERTIFY TO THE OEST OF MY K,NOWIEDCE }K1! WD~ut~s An'm°H^~ %wu~a~u:T T^~~-~ j e coKr ar ,t~f4b A5 of 9~~D~'ia 1fn K L( F3'.J~~~'~I~~~+'1-`i`•!• ~~~`"~' 7HAT THE PREMISES SHOWN ON THIS PLAN ARE LOCATED WM1THIN 7TiE G 20NE AS DELINEATED , 71d~u! co,.w nc (.r-µoVw ,F Gtuuuu G.R , NANTUCKET SURVEYORS ON 111E FIRM' MAP OF COMMUNITY N0. 25020; ~~rr.,;.k- µc^•,wt.L,lt;~rts wcrL ~Telat_y aNO 5 W!".DY WAY iu.SS. EFFECTIVE: 6-J-86 0Y THE FEDCRAL APPI-wo cC eNF~':-~O. 0255 T.IA NANTUCKET EMERCCNCY MANACE6ICNT AGENCY. , , N.B. ,ti / --- -- -..- -~ ~ -- --• JK~ ~~ X7,4 `~ ~~ ti ~ ~ ~ ~t o„ ~'3~ .;v ~ / ~6 J l" `, ~\ N 83~e_ ~ ._ ~1/ '' ~ .~ ~~~ ,,, ,( ,,,~,. ' is-_ r..;,7 ~ G i ~La.. .- .-. /PUQ~ / - ^ -aNCO Fou.VO ~~RMER~YCPEAR~ S ~ wv~Ti/~ EE J ^~-OLNOTES CO w?N Lf/10 P~K~ T ~~' - OF_.VOTL~ 1/000 FLA'CC -~~'- ovc S//G.~o W/H~3 ~1~,~~: P~ru`TT' ~e,7~c7'To i) c1' P(~vc EASGRUC'~ Ct~ i~7 PG t?o 1 . z)SPecun~ PrrIJ~IT~i o49-83(FX-ritvflFL~~oi~-g,:(Ll'J48~21~) CURRENT ZONING: C i ~.,, ., o,/ :•/ -, ~~ I i `` -. i i ~ `~ i~ BoR Form 2-89 NANTUCKET ZONING BORRD OF APPEALS TOWN.AND COUNTY BUILDING NP?~ITUCiCET, MA 02554 ASSESSORS LIST OF P_AQT/lI~ES IN INTEREST PROPERTY OWNER : ~J ~ ~,~rG~ L- - ~ Ma ~.,J ~• ~yea~ APPLICANT FOR RELIEF (SAME? } ADDRESS OF PROPERTY: ~~ f' ~-Ql~,Q. S~"' ASSESSORS MAP & PARCEL: yz3)-0)Z~ LIST OF PA_~t^t IES INCLUDING ADDRESSES* (OR SEE P.T T ACHED ) I certify that the foregoing (or the attached-) lists all persons natural or legal, who are owners of abutting property owners of land directly opposite cn any public or private street or way; and abutters of the abutters and all other land owners within three hundred feet of the property line of Owner's property, as they ( and their address) appear on the most recent applicable tax list {per ri.G.L. c. 40A, Section 1? Zoning Code Chapter 139, Section 139-29D (2)}. ~_ ~~ qg ~ • -~--- Date P.ssessors Office Town of Nantuckzt *NOTE: Applicant (petitioner) should include with the lot for which zoning relief is sought, any com-r.only-owned abutting lots which might beco:~e involved in the zoning rr,atter. List reap and barCelS for each abutter. 08/27/98 TOWN OF NANTUCKET 09:46:33 OWNER'S MAILING ADC RESS L IST Map Block Lot Owner's/Co-Owner's Name Mailing Address/Cit y Stat e Zip Pr operty Location 4231 0126 WINTHROP NANTUCKET 2 REALTY TR PO EOX 359 0014 FEDERAL ST C/0 SHERBURNE ASSOCIATES NANTUCKET MA 0"[554 4231 0071 DUNN LEE H & THARON SAPP PO BOX 1845 C016 FEDERAL ST NANTUCKET MA 02554 4231 0072 WINTHROP NANTUCKET 2 REALTY T.°. PO BOX 359 0018 FEDERAL ST C/0 SHERBURNE ASSOCIATES NANTUCKET MA 02554 4231 0059 CARL CHARLES M & DIANA J OGG2 CHESTMJT ST 0002 CHESTNUT ST NANTUCKET MA 02554 4231 OG70 CREECH DARCY 15 1/2 FEDERAL STREET 016- FECERAL ST NANTUCKET MA 025 4 4231 0581 ROBERTS HOUSE CORP OOi1 INDIA ST 0004 CHESTNUT ST PO E0:{ 1436 NANTUCKET MA 02554 4231 01222 OREILLY MICHAEL C & SARA SHLOS PO BOX 1436 0029 CENTEP. ST NANTUCKET MA 02554 4231 0123 DEMARCO DONALD E 6240 E 79 ST OGG9 INDIA ST APT 4 NEW YORK NY 10621 4231 0124 MASTERS DAVID JR GGG7 INDIA ST OOG7 INDIA ST NANTUCKET MA 02554 4231 0125 WINTHROP NANTUCK"eT 2 REALTY TR PO EOX 359 014R FEDERAL ST C/0 SHERBURNE ASSOCIATES NANTUCKET NA 02554 4231 0220 RL'GuE SHERMAN & JOHN S 0025 INDIA ST 0005 INDIA ST NANTUCKET MA 02554 4231 0073 NANTUCKET ATHENEUM LIBRARY GG03 INDIA ST 0003 INDIA ST NANTUCKET Ma 02554 4231 0128 HALLERAN ARTHUR J ETAL TRS PO BOX 359 0010 FEDERAL ST SHERBURNE ASSOCIATES RTY TRUST NANTUCKET MA 02554 4231 0168 WILLAUER ANDREW M ETUX 0880 SPORT HILL R D 0002 INDIA ST EASTON CT 06612 4231 0167 WAINE PAUL F TR PO BOX 658 0004 INDIA ST PEARL STREET REALTY TR NANTUCKET MA 02554 PAuE ~ MUAS750 8.5 NUMBER OF RECORDS = 15 Melissa D. Philbrick MELISSA D. PHILBRICK, P.C. Post Office Box 148 Zero Main Street, Second Floor Nantucket, Massachusetts 02554 Tel: (508) 228-5151 Fax: (508) 228-5155 September 8,1998 BY HAND Ms. Linda Williams Nantucket Zoning Board of Appeals 37 Washington Street, 1St Floor Nantucket, MA 02554 Re: 12 Federal Street -Boarding House Realty Trust Dear Linda: Emily Avery Enclosed for filing please find the original and three copies of the completed Application for Relief with Addendum A attached, along with our check in the amount of $200 for the filing fee. I have also enclosed 4 copies of the abutters list, 2 sets of mailing labels and site plan. Please give me a call if you have any questions or require additional information. Si c ely, Enc. cr. Ms. Angela L. Raynor and Mr. Seth C. Raynor (w/enc.) Town Clerk (w/enc.) RECEIVE® TOWN CLERK'S OFFICE NANTU~t~~T ~"" n2554 SEP 0 9 1998 TIME:_.___.~.~x! ~ ~ CLERK: ~ ~ ~- BoA F~ _ ... _ - S 9 NANTUCKET ZONING 3OARD OF APPS;-BLS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 Case Nc. -_ APPLICATION FOR RELIEF Ot•~.^.er's name !s) Boarding House Realty Trust, Richard L. Buechel, Seth C. Raynor and Ange a L. Raynor, Trustees Mailing address: 12 Federal Street, Nantucket,_MA_02554 Applicant's Iv'ame: Same Mailing Address: Locatio:, of Lot: Assessor's map and parcel number Street Add_-ess : 12 Federal Street 42.3.1 - 0127 Registry ixa3~cmxG~* Plan 20-D Deed Book Date lot acaui red: 12,131 / 91 kxx~~ 378/42 Zon; ng district R-C Uses e^: lot - commercial : Iim~e Yes, ~er 027-91 no - number of: d~:•el'_ings 1 duple.~_ apartme.^.ts _~.._ ._ _,~.., Building date (s1 all pre-S/72? X csx w/modifications ~ ~_ _ Y ~,._~~.in^ PeT-mit appl .Nos . -- Case twos. al_ BO.y app'_ication Nos. 049-83, 019-86, 027-91 State fully all zoning relief sought and respecti~~~e ~odc _~~__....~ and subsections, specifically what you propose compared to ~-es~_~` and ~:~hat grounds you urge for BoA to make each fi.^.ding ~ Sect~o:: 139-32A if Variance, 139-30A X iL a Special Per,r.'_t u.... I3;-=~.. _~ to alter o~~ emote^.d a nonconforming use) Ir appeal per _35-3'~:. & B _, ~.~taci,: deci lion er order appe.-:led. Oi< ~~ ~:~, ac:~ ~:~._.__.._.__. See Addendum A attached. Items e::ciesac as par:. of t'~is Application: order adde:,:du~:: l Locus map- Site plan X sho~,~ing present X ~plan::ed_ str•.:ct~.:--es Floor ^lans present proposed ele~•atior.s rHnr app~-o•:•ed Listi^cs lot area X Frontage X setbacks X GCR `~ t,ar:',:_ne. _._ _~~ X Assessor-certified addressee list 4 setsR mailing_abe•_s _^ setsX $200 ___ sayable to Tovm of Nantucket X proof'- cap' cove::,.znt ~(If an appeal, asr; Town Clerk to send Bldg Comr's _ecord to Bcr..; I certify that the requested information submitted is substa;t'_a'_ly complete and true to the best of my knowledge, under t:-:e pai::s a..~. penalties o` _ r ur~•. B eRDING HOUSE REALTY TRUST SIGNATURE: By ~ Attorney/.= ..~ X.l' M lissa D. P ilbrick 3 (If r.ot owner or owner's attorney, enclose r_roof of authorit•.~~ FOR BoA OFFICE USE Application copies rec' d: or_ for BoA on _/_;~__ __ Or.e copy filed with Town Clerk on_/_/_ by co:er_~,~•t~?_ One copy each to Planning Bd and Building Dept_/_j_ b_; $200 fee heck giver. Town Treasurer on_/_/_ by •.,•aived? Hearirg notice posted-/_/_ mailed-/_/_ I&t•I_/_j_, _, _,'_ Hearing (s) on_/_/_ cont' d to_/_/_, _/_/_ 1•; i thdra~:;n?_/_!_ Decision due by_/_/_ made-/_/_ filed TC_,'_/_ m~;iled_/_;_ See related cases la~,•st:its of e~- Addendum to Application of Boarding House Realty Trust The Applicant seeks a modification of the 1991 Special Permit (027-9]) to allow the conversion of Level B from the retail/office uses permitted in that decision to a restaurant use. The Applicant proposes to use Level B as a 65 scat restaurant, which use will involve up to 13 employees. The Applicant requests the flexibility of locating 8 of those 65 seats on the deck on the northerly side of the building from time to time, weather permitting. No structural expansion of the building is proposed, and therefore none of the pre-existing dimensional non-conformities (as to ground cover and setback) will be impacted. The parking requirements for this use are 16 spaces for the restaurant and 4 for the employees, for a total of twenty. The parking allocated to Level B in the 1991 Special Permit was a total of 13, for a net increase of 7 parking spaces. It is impossible to provide for parking on the lot, therefore a waiver of the 7 new spaces is requested. Based on a review of the prior zoning decisions, it appears that the proposed Level B use change does not create a Major Commercial Development. No expansion of commercially-used space is proposed. The prior decisions show a historical decrease in the total number of restaurant seats in this building, and therefore the addition of 65 seats at this time is less than the 100 seats required to trigger MCD status. The 1991 Special Permit establishes that there was an increased parking requirement of 8 spaces, and this project would add 7 spaces for a net gain of 15 spaces. The Zoning Board decisions prior to the 1991 Special Permit (019-86 and 049-83) are unclear as to the parking analysis. However, the 1991 Special Permit has the stated purpose, in part, of clarifying the vagueness of the prior decisions on this issue, and therefore, the Applicant has relied on the 1991 Special Permit in this regard. The Applicant also requests that the Board approve the project under the Minor Site Plan Review provisions of Section 139-23 based on the attached plan of the existing structure, waiving to the extent not disclosed by the attached plan or addressed in prior Zoning Board decisions the informational requirements of Section 139-23F. _ r :'~~ ~~. rl~` 1 ~, I ~1 ,t l 1 .~ J `~0 { ~~! ' J~~( I `~ ri r~ J 2 ' v I F ~j O J~ _.\ ~\ `. ,` ~. 1.1;NIMUPd LOT SIZE: F(~U7 ~~F I FRONTAGE: dog A11N161U! ,~, C1=: N~~}',. T° e~ µe>1T<i n.,.;cu..C.t~~' ,uv~U~c9 If~~ns., ` T l'. , v~ r.10:,TCACE INS. cCT10': ,=_ . FRONTYARD SETBACK: t~lOt(C-. 5~ LG.T"j't~ PiJ J.r i~. i~i~ ti;~~„~;-~-o ~•,':' •~~ ~,~,y ru SF~d'.r p~+~J~tr F3%ct„o c. T' Aca~ IN NArJTUCI<ET, r.+nSSnCr;~~-_ SIDE AND REAR SETBACK: ALLOWA©lE C.C.R.: ~ f ~'%~`'f*.c.fcu<.ra'7"C'°i ,~,~~J~~ cc.,r 5r~~c_rl crt - =•'-~ '~-'"f cc~ lC~ or- r}~3- ° F~~ ~r( > ' SCt,LE: f~~-1~~, DATE: ~.. : 2Gdj5F'~~W'N C2r~15FCaCr,r-,) C R EXISTING C . u +~ . . . ~~~ N~.'~-c~,~ • ~~ " . . . •lucwv^S .~+•='i-/•c( 5*u.a u~-.: FCft PROPERTY LINE DETERMINATION T111S PEOT PLAN ECORD F t(_ ~.t R.t'_r•tnti. ~rvT~~~ ,~.fiidoic.~.lt~j ~° o UPR-C M.~, ~ L~ 41 •1<~ r • c EREN CE: v.. > ~ . DEED REf PLAN REFERENCE:PL.F~. :'. ~~ - , R RELIES ON CVRRENT DEEDS ANO PLANS O VCRIFIEO OY f1ELD MEASUR[MENTS AS SHOYM HEREON. {~ F! ~,To %~r, -~ CIJyC,5~~1"tr~ ::'+-~ IW"~'~ c AS.,ESSOR'S REFERENR TFIIS PLAN IS NOT REPRESENTED TO BE A TITLE pun,~rT~ F(~, 1-l}-+9"1) ~ r=1-'-'1-r9`.~, 61AP:~;?, 3.1 PnRCEL: 1~; El(AAIINATION OR A RETRACEMENT SURVEY. PREPARED FOR: ~!>,~n.~'• I NEREDY CEH TiFY TO THE DCST OF MY M.N O'M~COCE t'~ ~~~ 1.1 c'sf"~' T 1 .n~'~.'~ ii..a'. A i cF ~~ JDI';a e c .: • THAT THE PREMISES SI10'rM ON THIS PLAN ARE IOCATCO WIfHw TTrE C: ZONE AS OEUtrEAlEO . . n•. yra..J ~,,~„", nc r',.~rgn~l.v rF Geuuuu GAR. n rK'"T SUn`.E1"0'::~ rrnr;, ~.. c ''' ON TIE -FIRM" NAP OF COMMUNITY N0. 25020; a.+a ;.T L.~-r M,a ~',wt ~'« "rTti '+t~rl. ~~. ~^-~ S Y•":D'r YJAY MISS. CFFCCLIVE: 6-~-86 Dv THE FEDCRAL aer~wc c; c.:r.~•tr.t~. r.ln. O'S'•~ N;,rriuC~;ET EMpti.CNCY MANACEMCNT ACCNCY. , . ~ /~/ .\ x;, ~! ~ti ~ ~ i , ~ .~ ~D x ~, '3 " ~; ~J ,~~_ I T ..1./ ~~ - . ,i. ~,~ ,,, ~/ . G ,,,._,.,.., J'. i / - - Pv3</ _ ~^ -aNCa FOt/NO ~~~~'ER<YCPE~~< STf,~ `~/.'~ erg ^~-OUrorLS CO w.r'N LGnO Pct/ ~~f~ - oGNOrLi 1./000 FL/~CC -~~- OvG S,~GAn W//7~3 ' I) A~ Pl. _' E.~icn,;CJL' ~ Et_ 17~ (..', r"7o `) SPecrn~- PCI~IJnTi odd-5~(er.Llo~llf~/ old-~:•/'C".d~~ ='7) cuRRENT zornNC• G BoA Form 2-89 NANTUCKET ZONING BOARD OF APPEALS TOWN.AND COUNTY BUILDING NP?~ITUCKET, MA 02554 ASSESSORS LIST OF PARTIES IN INTERES/T_,, Q PROPERTY OWNER : ~! ~ n~Id L ~ / /Q t/~tQ.,J ~• ~ ~eGi"~ -- APPLICANT FOR RELIEF (SAME? ADDRESS OF PROPERTY: P.SSESSORS MAP & PARCEL: LIST OF PARTIES INCLUDING ADDRESSES*(OR SEE ATTAC`r~ED I certify that the foregoing (or the aLtached_) lists all persons natural or legal, who are owners of abutting property owners oz land directly opposite cn any public or private street or way; and abutters of the a~utters a:~d all other land owners within three hundred feet of the property line of Owner's property, as they ( and their address) appear on the *nost recent applicable tax list {per ri.G.L. c. 40A, Section 11 Zoning Code Chapter 139, Section 139-29D (2)}. ~Z`~~~ Date P.ssessors Office Town of Nantucket XNOTE: Applicant (petitioner) should include with the lot zor which zoning relief is sought, any cor~-nonly-owned abutting lots which right beco:~e involved in the zoning natter. List rap and parcels for each: abutter. 08/27/98 TOWN OF NANTUCKET 09:46:33 OWNrR'S MAILING P.DDRESS L IST Map Block Lot Owner's/Co-Owner's Name Mailing Address!City Stat e Zip Property Location 4231 0126 WINTHROP NANTUCKET 2 REALTY TR PO EOX 359 0014 FECERAL ST C/0 SHERBURN"c ASSOCIATES NANTUCKET MA 02554 4231 0071 DUNN LEE H & THARON SAPP PO BOX 1845 C016 FEDERAL ST NANTUCKET MA G2554 4231 0072 WINTHROP NANTUCKE7 2 REALTY T4 PO BOX 359 0018 FEDERAL ST C/0 SHc"RBURNE ASSOCIATES NANTUCKET MA 02554 4231 0069 CARL CHARLES M & DIANE J OOG2 CHESTNUT S"i 0002 CHESTNUT ST NANTUCKET MA 02554 4231 OG70 CREEC4 DARCY i5 1/2 FEDERAL STREET 016- FECERAL ST NANTUCKET MA 02554 4231 00581 ROBERTS HOUSE CORP 0011 INCIA ST 0004 CHESTNUT ST PO E0:< 1436 NANTUCKET MA 02554 4231 01222 OREILLY MICHAEL C & SARA SHLOS PO BOX 1436 0029 CENTEP. ST NANTUCKET MA 02554 4231 0123 DEMARCO DONALD E 0640 E 79 ST OGG9 INDIA ST APT 4 NEW YORK NY 10021 4231 0124 MASTERS DAVID JR 0007 INDIA ST 0007 INDIA ST NANTUCKET MA 02554 4231 0125 WIPJTHROP NANTUCKET 2 REALTY TR PO BOX 359 014R FEDERAL ST C/0 SHERBURNE ASSOCIATES NANTUCKET NA 02554 4231 022o RUGu"E SHERMAN & JOHN S 0025 INDIA ST OOCS INDIA ST NANTUCKET MA 02554 4231 0073 NANTUCKET ATHENEUM LIBRARY GG03 INDIA ST 0003 INDIA S"f NANTUCKET MA 02554 4231 0128 HALLERAN ARTHUR J ETAL TRS PG BOX 359 0010 FEDERAL ST SHERBURNE ASSOCIATES RTY TRUST NANTUCKET MA 02554 4231 0168 WILLAUER ANDREW M ETUX 0880 SPORT HILL RD 0002 INCIA ST EASTON CT 06612 4231 0167 IJAINE PAUL B TR PO BOX b58 0004 INDIA ST PEARL STREET REALTY TR NANTUCKET MA 02:54 PAuE 1 MUAS750 8.: NUMBER OF RECORDS = 15 Winthrop Nantucket 2 Realty Trust c/o Sherburne Associates P.O. Box 359 - Nantuckct, MA 02554 Uarcy Creech 16'/~ Federal Street Nantucket, MA 02554 Donald E. DeMarco David Masters, Jr. Sherman Rugge 240 East 79t~' Street 7 India Street John S. Rugge Apt. 4 Nantucket, MA 02554 25 India Street New York, NY 10021 Nantucket, MA 02554 Nantucket Atheneum Library Arthur J. Halleran etal, Trustee Andrew M. Willauer etux 3 India Street Sherburne Assoc. Realty Trust 880 Sport Hill Road Nantucket, MA 02554 P.O. Box 359 Easton, CT 06612 Nantucket, MA 02554 Paul B. Waine, Trustee Pearl Street Realty Trust P.O. Box 658 Nantucket, MA 02554 Lee Dunn and Tharon Sapp P.O. Box 1846 Nantucket, MA 02554 P.oberts House Corp. P.O. Box 1436 11 India Street Nantucket, MA 02554 Charles M. Carl Diane J. Carl 2 Chestnut Street Nantucket, MA 02554 Michael C. O'P.eilly Sara Shlos P.O. 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