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HomeMy WebLinkAbout008-85cam'? �3-- s>5 (D 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 xz tt 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 t n - t V .a✓ ✓ ✓ 42.•.2 -29 StREEt StpEEt e o ET ✓4 � r Op n pUINCE NJt J' w pNESt ® z�1 et N B Rs w 14 STREET *� O O1oa a•-10 c+�/ cI �. C 9T NUT a EE FaAi •.f. iris! 9 ° re vC StP e, 9 y u. OpK 74 y ....fft as Of �!! 13 '041" oM STREET TO EY 126 oe \!y NUSg Ito N'lNc6.N� .fit Ilt 119 /SS•t 120 ItT M tylt! 't a� 9 1tl 2z.1 121 + Epa\' 110 P G Itt y N031111L leo I°1 it. d � .` TNRI /t It. IS (�� 1NOr {v " fez ST BEET lA3t ! 1n ao ur y!t ° !�4 c•PCtY , AS PEARL STREET) GF (gpMETIMEg KNOWN lK9r Ye 8 • t INDIA lee nr 1u nl OpM c a It1 Z ylOJ .. let 'TO .) 169 172 9 !0+ Ir• \.pN4. .• t1. of, u• Ito NANruc N[T u0001 wee u 113 a O \SON tit 1. o. 0. F. LANE Mp es ENr tit :01 zot zoe p�DEPEND .r•r 0•, y tit R n�nUVr 0 Ot V'' tot t0! t12 \' tot lee t00 � fOr \ ue zoe et tt(� LANE zz1 2zt \ ..�. U � ROSE Cr1300IAL CNVRCN \ �, \N 1 vJvv.li 10r M 111 57 I y►T 3.• LIBERTY uT _ Ive ' 100 Ri, {• I °e \t3 it 112 lee In � t AjO�, Oii1 t1 of etr 9t REF. n +A'`i' Ito en , t t ve ° +r /• �.� yyeJ1310 ROMAN CATNOUIC =/ 3; Vw 1 EA9EME �- ARCNngllor Iez y COURT M 1A e too '01 . t1y for 150 w 103 to 2 10 100 A 100 UNITARIAN CHURCH 6 g 1M K UNITARIAN CHURCH O t O — (PCCTORT) o � at a lot '0 o _ V t q C O \3 LL •T a o U" tr. rluu e. 90 tII a00r1E tXORtN M Q RAy g (rAR17N N0 U![) •1 10 W a N LOS 000 MANTOA 00'AT10MR1CAL ,t .• -IT v N LEGEND pA1 a 1, oAi .A1Ct1 OA F,tE '1'ow>> :t>>cl ('c�li � . ,.1..X..,.. 1. NAN'T UCh INFORMATION SHOWN HEREON WAS COMPILED FROM 'AERIAL 'PHOTOGRAPHS. DEEDS, �(a''l`lllsett". AND MANS Of RECORD AND IS NOT TO BE CON n 0 STRUED AS HAVING SUFFICIENT ACCUR- ACY " L•4 )1'0001 l " FOR CONVEYANCE, .