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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
February 18, 1985
Re: PAUL B. WAINE AND DALE W. WAINE, Trustees of Pearl
Street Realty Trust (008 -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.
S. ileen I. Cahoon, ad-'t
hairman
BOARD OF APPEALS
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
DECISION:
At a Public Hearing of the BOARD OF APPEALS held on MONDAY,
FEBRUARY 41 1985 at 1:00 p.m. and FRIDAY, FEBRUARY 15, 1985 at 1:30
p.m. in the Town and County Building, Nantucket, on the Application
of PAUL B. WAINE AND DALE W. WAINE, Trustees of the Pearl Street
Realty Trust (008 -85), the Board finds:
1. This is an Application for a SPECIAL PERMIT under SECTION
71 (expansion or alteration of non - conforming use), and for a SPECIAL
PERMIT under SECTION 6B (parking requirements) of the Zoning By -Law.
Applicants wish to tear down the existing structure which sits on
their property at LOWER INDIA STREET, Tax Map 42.3.1, Parcel 167, and
construct a new building with the same amount of ground cover but
which has retail space on the second floor and an apartment on the
third floor.
2. Based upon a review of the Application, plans, testimony
and representations at the Hearing the Board made the following
findings:
a) Applicants'property is located in the center of Nan-
tucket's downtown commercial district and is located
within the original OLD HISTORIC DISTRICT of Nantucket.
Applciants' plans call for a building that is much
more aesthetically and historically harmonious with
its neighborhood and will provide the Applicants with
necessary additional retail space.
b) Given the proximity of the lot to a small abutting
alley -way (Coleman's Court) which is only ten feet wide
and which is heavily used by trucks and other service
vehicles servicing all the shops and stores on Main
Street and Centre Street, it would cause more traffic
and safety problems than it would cure by requiring the
(008 -85)
-2-
Applicants to provide any off - street parking; addition-
ally, given the size of the lot and the size of the
proposed structure, Applicants just do not have any
land wherein they could provide off - street parking.
c) Renovation and upgrading of Nantucket's unique down-
town area is vital to preserving the charm and character
of this historic area and the construction of new
buildings, occupying the same ground cover as the old
buildings, when the new buildings are historically and
aesthetically more harmonious with the unique Historic
District, is certainly within the spirit and intent of
the By -Law.
d) The abuttor to the west side lot line has stated no
objection to the proposed increased height of Appli-
cants' west facade, despite its zero set back and close
confrontation of the abuttor's east - facing windowed
gable.
e) The proposed extention is not substantially more detri-
mental to the neighborhood.
3. Therefore, after motion made and duly seconded, it was
UNANIMOUSLY voted to GRANT the relief by SPECIAL PERMIT under SECTION
71 allowing Applicants to construct a new building with a first floor
containing retail space, and a second floor containing retail space
and an apartment on the third floor; it was also UNANIMOUSLY voted to
GRANT a SPECIAL PERMIT under SECTION 6B exempting Applicants from the
requirements for 17 off - street parkin:Ei s a es.
Dated: February 18, 1985
Nantucket, MA 02554 1 en I. Cahoon
William R. Sherman
Linda F. illiams
0
�j
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 PAUL B. WAINE AND DALE W. WAINE, TRUSTEES OF
PEARL STREET REALTY TRUST (008 -85) seeking a SPECIAL PERMIT
under SECTION 71 (extention or alteration of a pre- existing
non - conforming use) and a SPECIAL PERMIT under SECITON 6B
(parking requirements) of the Zoning By -Law. If granted, the
Applicants would be able to remove an existing structure on an
undersized lot and build a new one that would provide more space
and an apartment for an employee. The Applicants also request a
waiver from the parking requirements as they feel they have no
land on which to provide parking. The property is located at
LOWER PEARL STREET, TAX MAP 42.3.19 PARCEL 167 and is zoned
RESIDENTIAL - COMMERCIAL.
ileen I. Cahoon, Chairman
BOARD OF APPEALS
�VaAI
AB -1
FEE $ 100.00
Case No. 6i�T— e-5
APPLICATION TO THE BOARD OF APPEALS
Nantucket
To the Members of the Board of Appeals:
The undersigned hereby applies for relief from the terms of the
(ZONING BY -LAW) (BUILDING CODE) on property described below:
Location of Property Lower Pearl Street
Lot No. 'C F-1� M fle '-A `A, .1 V4aa -Ne. Q A cu O
District is Zoned for R -C
Type of structure (Existing or Proposed) or proposed use: Retail Sales & Apartment
above
Owner's Name Paul B. Waine $ Dale W. Waine, Trustees of Pearl Street Realty Trust
Owner's Address Lower Pearl Street, Nantucket, MA 02554
When did you acquire this property? 1978
Has application been filed at Building Department? No
Has any previous appeal been made.? No
Section of By -law or Code from which relief is requested: Section 7I and
Section 6B
Reason for asking relief: Applicants own an undersized lot with a structure on
it; they wish to remove that structure and build a new one (see plans) that gives
them more space, provide an apartment for an employee and is more consistent
architecturally and aesthetically with the downtown historic district. Applicants
also request a Special ermit exempting them from the parking requiremen s as they
have no land on which to provide park 'n By it Attorney
�igtiature of applicant
ATTACH:
Go�ieS
(4) If the applicant is other than the owner, please indicate your
authority to make this application.
BOARD'S DECISION
l
Application submitted to Board
Advertising
Hearing date
Decision of
Decision file
(1) A list of the names and addresses of each abutting owner_ and
owner abutting the abutters.
.0' DD, 00
(2) Check in the amount of made payable to the Town of
Nantucket.
(3) Map or plan showing. the location of the property to be
considered.
TC -Tfr, OF r? � ATTUCKET
-oard of Appeals
List of parties in interest in the matter of the petition of:
?Tame: Paul B. Waine $ Dale W. Waine, Trustees of Pearl Street Realty Trust
Address: Lower Pearl Street,Nantucket, MA 02554
Property address. Lower Pearl Street
42.3.1 -206 - Tulbert Realty Trust
c/o Jacqueline Tullo
47 Main Street
Nantucket, MA 02554
-208 - Joseph V. Arno
Box 1319
Nantucket, MA 02554
-209 - Robert Snow et al
RFD #6
47 Cypress Street
Plymouth, MA 02360
-210 - Albert E. Minucci
P. 0. Box 194
Barnstable Village, MA 02630
-211 - Robert E. Tonkin
1/4 Mile Hill
Nantucket, MA 02554
-223 - Brock Building Trust
53 Main Street
Nantucket, MA 02554
-224 - Grace L. Coffin
Polpis Road
Nantucket, MA 02554
-166 - Sherburne Associates
Zero Main Street
Nantucket, MA 02554
-203 - Petticoat Row
Suite 250 - 11 Office Park Dr.
Hilton Head, SC 29928
42.3.1 -172 - Lucille A. Jordan, Richard S.
Sylvia $ Mario Teixeira
8 Federal Street
Nantucket, MA 02554
-168 - Andrew M. Willauer et ux
860 Sport Hill Road
Easton, CT 06612
Roman Catholic Church
Rectory
Orange Street
Nantucket, MA 02554
United States of America
Post Office
Nantucket, MA 02554
Town of Nantucket
Selectmen's Office
Town $ County Building
Nantucket, MA 02554
--212 - Hussey Block
c/o Eldridge Norton
Box 1375
Nantucket, MA 02554
-127 - Boarding House of Nantucket,Iiic
12 Federal Street
Nantucket, MA 02554
-226 - John S, Rugge
India Street
Nantucket, MA 02554
-213 - David H. Murray
23 Main Street
Nantucket, MA 02554
I certify the foregoing is a list of persons who are owners of land abutting, t'Te
property and owners of land directly opposite the property on any street or way,
and owners of land within 300 feet of the property, all as they appear on the molt
recent applicable TAX list.
P � 9e99c1r
I
Page 1 of 2
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TC`FIB' OF NAI\TTUCKET
-oard of Appeals
List of parties in interest in the matter of the petition of:
1?ame: Paul B. Waine $ Dale W. Waine. Trustees of Pearl Street Real
Address: Lower Pearl Street, Nantucket, MA 02554
Property address: Lower Pearl Street
Trust
42.3.1 -0091 - Betty Lou Foster
266 Ecuadorian Way
Clearwater, FL 33575
-070 - John Ohman & Davis Jane L. $
Metcalf GC $ DP
16 Federal Street
Nantucket, MA 02554
-130 - Carrie Miller
Cambridge Street
Nantucket, MA 02554
- 1221 - Sara S. O'Reilly
9 N. Water Street
Nantucket, MA 02554
-126 - Federal Street Realty Trust
Glidden $ Grossman Trs.
14 Federal Street
Nantucket, MA 02554
-190 - Robert Francis
124 Main Street
Nantucket, MA 02554
-191 - Four Winds Real Estate Trust
c/o Levine, M.J.: $ S.L.
Main Street
Nantucket, MA 02554
-192 - Michael Scott Realty Trust
17 Main Street
Nantucket, MA 02554
-193 - Mary C. Beman
960 Park Avenue
New York, NY 10028
-207 - Walter C. Knott Realty Trust
c/o Walter C. Knott, Trustee
45 Main Street
I certify the tucket MA 0 554
y'oregoirig is a list of persons who are owners of land abutting, t'Te
property and owners of land directly opposite the property on any street or way,
and owners of land within 300 feet of the property, all as they appear on the most
recent applicable TAX list.
Page 2 of 2
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