HomeMy WebLinkAbout005-85TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
March 1, 1985
Re: PHILIP AND RUTH OSLEY (005 -85)
Enclosed, please find notice of a decision of the BOARD
OF APPEALS which has this day been filed with the Town
Clerk.
Any appeal from this action shall be made pursuant to
Section 17 of Chapter 40A of the General Laws, and shall
be filed within twenty (20) days after this date.
t
Eileen I. Ca oon, Chairman
BOARD OF APPEALS
TOWN OF NANTUCKET
ti
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
DECISION:
At a Public Hearing of the BOARD OF APPEALS held on FRIDAY,
FEBRUARY 15, 1985 at 1:30 p.m. in the Town and County Building,
Nantucket, the following decision in the Application of PHILIP AND
RUTH OSLEY (005 -85) whose address is 12 Broad Street, Nantucket:
1. This is an Application for a SPECIAL PERMIT under SECTION
7I of the Zoning By -Law seeking relief from the requirements of
SECTION 6B (parking requirements) and for a SPECIAL PERMIT under
SECTION 6F8 allowing an employer dormitory. The subject premises
are located at 12 BROAD STREET and 23 and 25 SOUTH WATER STREET, Lot
4241 -73, Plan 10147A, LC Cert. 7300 and is zoned RESIDENTIAL-COMMER-
CIAL.
2. Applicants' previous Application (091 -84) for similar
relief was heard at a Public Hearing on November 30, 1984 and with-
drawn with the Board's approval at the Hearing of December 14, 1984.
At their counsel's request, that record has been consolidated with
this Application to avoid resubmission of presentation drawings
titled "Pror5d(for Addition to Sunken Ship." This Application was
previously heard on February 1, 1985 and continued.
3. Based upon the Application and record including testimony,
representations, letters and drawings, the Board finds that Appli-
cants have established a pre- existing non - conformity, inter alia,
by absence of parking spaces, set backs and by excess ground cover.
The 6686 square foot footprint of the structure is substantially
coextensive with the 6686 SF lot and has been since prior to the
mid -1972 enactment of the Zoning By -Law, (unless fill in of the
southeastern corner occured later).
4. The structure has a mixed use and occupancy at present. The
proposed expansion would add a third - floor employer dormitory for
four (4) employees of Applicants,
The second -floor addition would be restricted to storage
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use for the Rose and Crown and /or the 2000 SF Sunken Ship, Inc.,
a corporate retail leasee of first -floor space extending northerly
from the Rose and Crown. Eastward of the Sunken Ship is a 1200 SF
Juice Bar with 6 serving stations for take -outs. On the existing
second -floor above the Sunken Ship and Juice Bar is the real estate
office of a tenant "The Maury People."
' 5. The flat - roofed Rose and Crown has concrete block exterior
walls, non - conforming with respect to the aesthetic guidelines
enforced by the Histroric District Commission. Applicants urge that
permission to expand will allow them to bring the structure under an
HDC Certificate of Appropriateness, hence less detrimental to this
highly significant neighborhood.
6. In 1980 under Building Permits #1394 -80 and #1440 -80,
Applicants first added 1200 SF of commercial storage space to the
then - existing 3000SF of second -floor area by provision of dormers,
then converted that 1200 SF to use as a single- family dwelling unit
with two bedrooms and two baths total. No Special Permit allowing
this or any other post- mid -1972 expansion is of record. An HDC Cert-
ificate of Appropriateness issued 2/19/80 for the dormer additions
shows a smaller 4- station take -out shop on the northeast corner, a
1600 SF Sunke n Ship space and isolated form these by a single -
story firewall, the Rose and Crown space (to which a "stage" has since
been added extending through the firewall into a rear service entry
area of perhaps 200 SF). Also shown is an existing office south of
the apartment above the Sunken Ship and a "mezzanine" office above
the rear service -entry area.
7. The recommendation of the Planning Board was unfavorable
because parking in the area is "already a problem," noting that
Applicants appear to be undertaking a Major Commercial Developement
(without yet applying to the Planning Board for a Special Permit).
Applicants' requested relief was opposed b. various parties in in-
terest present at the Hearing and by letters of record. Concerns
expressed and Applicants' representations are summerized:
a. Noise level from the Rose and Crown, especially
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t
(005-85)
impacting the Arno family in a second -floor apartment
above the Arno's Vincent Restaurant abuttor to the south side -line.
Representation: in remodeling the walls of the Rose and Crown, ade-
quate acoustic (thermal plus) insulation will be provided.
b. Addition of two stories above the Rose and Crown would
"ruin the character of this historic neighborhood." Representation:
aesthetic factors are not determinitive and should be left to the HDC.
c. The additions would increase the fire hazard. Repre-
sentation: with the expansion, all construction will have to conform
to the Massachusetts Building Code, including dual egress for employee
occupants of the third -floor dormitory.
d. Too much congestion on the main thoroughfares for
Steamship dock traffic. Representation: storage and dormitory uses
will have minimal impact on traffic. Loading area is at the rear on
Oak Street.
e. Parking problem with addition of employee vehicles.
Representation: all uses, present and proposed, involve foot traffic
except parking fofthe Rose and Crown after the end of the work day
when parking generally is eased.
8. Under By -Law Section 6B, an "enlargement of any building
shall require the provision of off - - street parking for the existing
building as if it were newly constructed." Nonetheless, Applicants
were able to show, by a schedule (A) offered into the record, that
present and proposed uses would add only two (2) required parking
spaces to the 37 said to be grandfathered on the basis of uses before
the 1972 enactment of the By -Law. in 1972, the entire 6600 SF first -
floor was in retail or real estate service use with twelve (12)
employees, no restaurant or take -out use, nor any storage, dwelling
unit or other second story use. (The record is silent as to when and
with what Special Permits these three (3) existing uses were commen-
ced.) With enlargement, parking spaces are reckoned as follows:
1200 SF Juice Bar (1 per 200 SF) 6 spaces
2000 SF Sunken Ship 10
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r (0,05 -85)
(less than 200 SF) office (not real estate) 1 space
(4x) 60 seat ( "table ") Rose and Crown
(1 per 8 seats) 15
15 employees (4JB, 3SS, 8RC) (1 per 3) 5
1 apartment dwelling unit 1
1 4- employer dormitory (limited to one
! kitchen -one dwelling unit ?) 1
39 spaces
1'r7
Also in the record is an earlier schedule (B) showing,:
Juice Bar (6stations) 10 spaces
1600 SF Sunken Ship � 9
288 SF 1st Floor Storage
1296 SF 2nd Floor Storages 2
140 Seat Rose and Crown (80 seating,
40 stools plus 60 standing = 200 occupancy) 33 ( ?)
Apartment 1
30 (!) employees (10 JB, 8 SS, 12 RC) 9 M
Relying on representations of counsel, the Board's determi-
nation is based on the later schedule (A) showing 39 parking spaces
so that relief granted is conditioned on the limitations as to uses,
areas, seating and employees, first set out above. Applicants are
unable to provide any parking without scaling back of the coverage.
9. Balancing the negative impact of the concerns listed above
against the benefits and despite misgivings expressed about the scale
of the enlargement, the Board finds that it would not be substantiallly
more detrimental to the neighborhood than the existing non- conform-
ing uses.
10. The By -Laws clearly favor employee dormitories, even in
the limited third -floor head room, assuming compliance with the
Building Code. No objection was heard to this use (except in its
cummulative effect on parking, etc.).
11. Applicants expressed uncertainty whether the proposed
expansion constituted a Major Commercial Developement as defined in
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(005 -85)
Section 4 C.2.d. Added to the commercial second -floor storage and
third -floor dormitory space would be entries, stairwells, loading
conveyors, if any, and any other areas of structural change, e.g.,
to increase bearing capacity or sound proofing. Relief granted
below is, accordingly, conditioned on Applicants applying to the
Planning Board to obtain a Special Permit for a MCD or, in the
alternative, obtaining a final legal determination or waiver such
that no such Special Permit is required.
12. Based upon the foregoing and subject to the conditions
voted, the Board, by UNANIMOUS vote, GRANTS to Applicants:
a. a SPECIAL PERMIT under SECTION 7I, to enlarge the pre-
existing non - conforming uses as proposed,
b. a SPECIAL PERMIT under SECTION 6B GRANTING relief
from the off - street parking requirements based on the schedual (A)
representations,
c. a SPECIAL PERMIT under SECTION 6F8 to provide the
proposed third -floor employer dormitory for up to four (4) employees
of Applicants, with no more than one kitchen.
Dated: March 1, 1985
Nantucket, MA 02554
Eileen I. Cahoon
--�� William R. Sherman
Linda F. Williams
w�
6-
,
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held
on FRIDAY, FEBRUARY 1, 1985 at 1:30 p.m. in the TOWN AND
COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the
Application of PHILIP AND RUTH OSLEY (005 -85) seeking a
SPECIAL PERMIT under SECTION 71 (extension of a pre- existing
non - conforming use) and SECTION 6B (parking requirements) and
SECITON 6F 8 as amended in the April 1984 Town Meeting, (em-
ployee housing) of the Zoning By -Law. If granted, the Applicants
would be allowed to add 2 stories in the rear of an existing
structure, the second floor to provide storage and the third to
provide employer dormitory space. The Applicants are also seeking
relief for the parking requirements that the expansion would
entail. The property is located at 12 BROAD STREET AND 23 and 25
SOUTH WATER STREET, LOT 4241 -73, PLAN 10147A, LC CERT. 7300 and
is zoned RESIDENTIAL—COMMERCIAL.
Eileen I. Cahoon, Chairman
BOARD OF APPEALS
AB -I
FEE $100.00 Case No. 6)� >,� �
APPLICATION TO THE BOARD OF APPEALS
Nantucket, Massac'huzet
,110 the Members of the Board of Appeals:
The undersigr --�d hereby applies for relief from the terms of
(7.ONIN3 BY- LAW)(BUILDING CODE) on property described below:
Location of Property �Jet Fecla%d.!'f I x 9T }s 5:10Af7ern S 7
Lot No. 10y1 - Z3__ Plan No. Iv / Y 7// /CCCr,1 -7jCc
District is zoned for 9 -C_ _-
'Type of structure: (Existing or Proposed) or proposed use:_Y1,�aLjt_:5,,
Ovrner' s Name Ph L n .+ ��►-, _ -{2 l g !j_ _
Owner's Addressesro"� r
When did you acquire this property? /y 7te _
Has application been filed at Building Department?
Has aLy previous appeal_ been made? �yes jk4, w, /L,;2rej s c
Section of By -Law or Code from which relief is requested:
re- 21K ce))E.'raxih V, y4s -- --
I eason for asking relief: e eW b�y), f`riy.,. 2AV-k/ 1,VQ- Y"L' Viele"'r a ll-r1 ,
_Rl a►jty add 2 -S%c r' eS f c .-i!a r 0 V gvzS1$ es bled . +f aF FIGV r• s f c ..a a W_ 4-
_ rs1 4' l o o n %ac e� ! j2V o' "r d o r," 1
Siynat re of app c<<t
ATTACH: (1) A list of the names and addresses of each abutting owner
and owner abutting the abutters, and owners within 300 feet.
(2) A check in the amount of $100.00 made payable to the To-••n
of Nantucket.
(3) Four copies of the application and a map or plan showirg
the location of the property to be considered.
(4) If the applicant is other than the owner, please ind
your authority to make this application.
BOARD'S DECISION
Application submitted to Board
Advertising dates
Hearing date(s) _
Decision of Board
Decision filed with the Town Clerk
TOWN OF NANTUCKET
BOARD OF APPEALS
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applic ble TAX list.
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D a tp( Assasssr
Town of Nantucket
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