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Home My WebLink About110-85Re: Philip W. and Margaret G. Read (110 -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 shell be filed within twenty (20) days after this date. i William R. Sherman, Chairman BOARD OF APPEALS BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, DECEM- BER 13, 1985 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Application of PHILIP W. AND MARGARET G. READ (110 -85) address 14 Sherburne Turnpike, Nantucket, MA 02554, the Board enters the following Decision and makes the following findings: 1. Applicants seek a SPECIAL PERMIT under Zoning By -Law SECTION 139 -33 to expand a pre- existing, non - conforming structure, namely, the DANIEL WEBSTER HOUSE, plus relief by SPECIAL PERMIT from any further off - street parking space requirements, as provided in SECTION 139 -18G. The premises are located at 27 BROAD STREET, Lot 78, Plan 4242, in the RESI- DENTIAL- COMMERCIAL zoning district. 2. Relying on the Application papers, testimony and representations at our hearing, we first considered whether this Board has jurisdiction. As amended (4/3/85 ATM), Section 139 -9 B(4)(a) defines Major Commercial Development ( "MCD ") and includes a final paragraph concerned with "grand - fathering". Subsection (b) places sole authority in the Planning Board for MCD Special Permit grants. Absent grandfathering, the Daniel Webster House alone and together with the contiguous and commonly owned J,lred Coffin House has guest rooms and area of commercial use to constitute an MCD. However, any increase since the April 1979 introduction of the MCD By -Law Section would not qualify this Application for Planning Board juris- diction. We recognize that "contiguous" has a secondary, broader meaning, i.e., "in close proximity without actually touching; near." That may or may not require inclusion of guest houses acquired after April 1979, by Applicants across Centre Street. Considering the nature of Applicants' proposed expansion, the unqualified favorable recommendation of the Plan- ning Board and absense of any opposition here, this case seems inappro- priate for seeking a legal delineation of the scope to be given "contiguous (1?0 -85) -2- tracts" in the MCD definition. We assume jurisdiction. 3. Applicants propose a stairwell enclosure of 13'x28' footprint, the structure extending up the rear facade. Provision would thus he made for various non- revenue functions, namely, for storage, a new furnace room, employee showers and audio - visual training room. Reckoning the parking requirement from Section 139 -18I, these uses reflect no increase in rental units nor parking space increase in any other category so far as appears on the record. Fairly, the Application benefits from the ruling in the recently- decided Tavern Case interpreting Section 139 -18A so as not to require additional off - street parking here. We are-told that 21 spaces are now provided, with 58 rental rooms on the two adjacent premises. They are non - conforming (as well as pre- existing) as to bring the present Applica- tion within Section 139 -33. 4. We accordingly find the proposed extension and alteration not to be substantially more detrimental to the neighborhood than the existing non - conforming use. Rather, they are found to be in harmony with the general purpose and intent of the zoning chapter. No distance is made more non - conforming. 5. Whereupon, the Board by UNANIMOUS vote GRANTS to Applicants the requested relief by SPECIAL PERMIT for such structural extension and alteration. Dated: December 18, 1985 Nantucket, MA 02554 L,21 Clow_ `Z William R. Sherman J-) 14, Dorothy D. Vollans C. Ma shall B a T H f ('OM MONW EAL7'1 O� MA C.tc To"U BOARD OF APPFALS Date: December 18 919 85 Certificate of Granting of Special Permit (General Laws Chapter 40A, Section 11) The Board of appeals of the City or Town of Nantucket hereby certifies that a Alarianr-�pecial Permit has been granted To Philip W. and Margaret G. Read (110 -85 Address 14 Sherburne Turnpike City or Town Nantucket . affecting the rights of the owner with respect to land or buildings at 27 Broa S tree t:- Lot 78. Plan 4242 And the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said va+ia4we -- special permit, and that copies of said decision, and of all plans referred to in the decision, have been filed with the planning board al--:J the city or town clerk. The Board of Appeals also calls to the attention of the owner or applicant that General La�� Chapter 40A, Section 11 (last paragraph) provides that no pecial permit, or any e:,:- tension, modification or renewal thereof, shall take effect until a copy of the decision b(_arinV tic certification of the fawn or city clerk that twenty days have elapsed after the decision has beyn filed in the office of the city or town clerk and no appeal has been filed or that, if -.uch appea! ha, been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the count% and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recor- ding or registering shall be paid by the owner or applicants Chairman Clerk FORM 10,94 i E.F�.,`%..RREN INC RE -1E7 . NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY; DECEMBER 13, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of PHILIP W. AND MARGARET G. READ (110 -85) seeking a SPECIAL PERMIT under Zoning By -Law SECTION 139 -33 to expand The Daniel Webster House just east of the Jared Coffin House, by a 13 x 26 foot struc- ture enclosing an existing stair well, also under SECTION 139 -18G for relief from added parking requirement. If granted, the structure would provide storage, a new furnace room, employee showers and audio - visual training room. The premises are located at 27 BROAD STREET, LOT 78, PLAN 4242 and zoned RESIDENTIAL- COMMERCIAL. OLT /21C William R. Sherman, Chairman BOARD OF APPEALS IbIl T7 T_---- - - AB -1 r E $100.00 Case No. APPLICATION TO THE BOARD OF APPEALS Nantucket, Massachusett; To the members of the Board of Appeals: The undersigned hereby applies for relief- from the terms of (ZO',.irG BY -T.AW) (BU".LDINC CODE) on property described below: r.cc tion of Property. Lot No. D. _ Plan No. � a -ja _ Di.-..' :riot is zoned for C6TY\f.P �rLC�od�` EX�tnr46 A JU �'C'c� To S P(��- Type of structure(Existing or Proposed) or proposed use: S- cR S ENO NGu� c- �aK�c.t� ��4 �ws O:-m( >r's Name��' �� P(�C n � A�� .� �r� -.� S Owacr. ' s Address_ ve ��o 2rxC_ \ �1'� r Z� e,�ch e x ^lhz�n did you acquire this property? _�� 9 (10 Has application been filed at Building Department? �Zs _ Has any previous appeal been made ?_ �2� Section of By -Law or Code from which relief is requested: Reason for asking relief: 3�u1'� ��tEC;c 1s �oS��cc� ��o�� °� ��y�<<�� Signature of applicant ,--a �__2��_ 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 Town of Nantucket. (3) Four copies of the application and a map or plan showing the location of the property to be considered. (4) If the applicant is other than the owner, please indicate your authority to make this application. BOARD'S DECISION-- I Appl icatio n submitted to Board Advertising dates -- Hearing date (s) -- Decision of Board Decision filed with the Town Clerk TOWN OF NANTUCKET BOARD OF APPEALS 1,-: -;t of parc-ies in interest in the ratter of the petitic,n of: rQ Name- - \ _"-� IV7 (ZGN -Rt 1 C-s--. Address ,-4 �YF- �RBL)Rt' I— P+K�IX -N� Property Address o: l "E(pA'D I certify the foregoing is a list of persons who are owners o� lar"A abutting the property, owners of land abutting the abutters, ovvex—s of lend directly opposite the property on any street or way, an(', owners of land within 300 feet of the property, all as they appe'�` on the most recent applicable TAX list. ^ 11-� D to ,Assessor Town of Nantucket l Map #4231: r 1. Dorothy D. Morris, 48 Center Street, Nantucket, MA 02554 2. Seven Seas Gifts, Inc., Frances D. Howard, 46 Center Street, Nantucket, MA 02554 3. Wayne F. Holmes & William H. Hayes, III, 35 Center Street, Nantucket, MA 02554 4. Ernest and Jane L. Davis, 20 North Water Street, Nantucket, MA 02554 5. Robert E. and Frances C. Leach, c/o R. & C. Taylor, 5 Chestnut Street, Nantucket, MA 6. Charles G. & Jeanette L. Carl, 3 Chestnut Street, Nantucket, MA 02554 7. Thomas B. McGlinn, 1 Chestnut Street, Nantucket, MA 02554 8. Chester S. Barrett, Jr., 21 Somerset Road, Nantucket, MA 02554 64. Sharon B. Doucette, 25 North Water Street, Nantucket, MA 02554 64.1 Kenneth B. & Geraldine E. Spatola, 29 Buckingham Road, New Milford, CT 06776 65. Mary Voorhees, 21 Wauwinet Road, Nantucket, MA 02554 66. Richard Ludlow, Inc., 38 Center Street, Nantucket, MA 02554 67. Edward W. Washburn, 951 S. Beach Blvd, Lahabra, CA 90631 68. Leon & Eleanor J. Royal, 31 Center Street, Nantucket, MA 02554 112. Edward S. Jr. & Rosalie T. Grennan, Gilchrist Road, Stowe, VT 05672 Map # 4234: 18. Michael F. & Sally T. Orr, 455 East 57th Street, Apt. 4A, New York, NY 10022 19. Elise Link, 4 Gay Street, Nantucket, MA 02554 Map #4242: 30. Town of Nantucket, Town & County Building, Nantucket, MA 02554 31. Robert F. Mooney, 171 Orange Street, Nantucket, MA 02554 32. Lois K. Shapiro, 168 Valley Road, Watchung, NJ 07060 33. Howard R. & Carrol L. Crocker, 45 Brewster Road, Nantucket, MA 02554 34. Betty Lou Foster, 2466 Ecuadorian Way 18, Clearwater, FLA 33575 35. Twenty Four Broad Street, Inc., 24 Broad Street, Nantucket, MA 02554 36. Mary A. Glidden, Milk Street X37. Philip W. & Margaret G. Read 38. Philip W. & Margaret G. Read -r39 NOT LISTED 40. Lenore Martin, 43 Center Street, Nantucket, MA 02554 41. Henry, Jr. & Sandra G. Fee, 45 Center Street 42. A. Morris & Beatrice L. Crosby, Pacific National Bank Trust Department, P.O.Box 1850, Nantucket, MA 02554 43. Thomas J. & Josephine B. Devine, 5 Step Lane, Nantucket, MA 02554 .)<44. Thomas J. & Josephine B. Devine, 3 Step Lane, Nantucket, MA 02554 X45. Thomas J. & Josephine B. Devine, 3 Step Lane, Nantucket, MA 02554 54.1 Benoit W. Garneau, 11 North Water Street, Nantucket, MA 02554 74. Wylie L & Louise C. Collins, 17 Broad Street, Nantucket, MA 02554 75. George W & Mary S. Burgess, 19 Broad Street, Nantucket, MA 02554 ,*76. George W. Burgess et al, 21 Broad Street, Nantucket, MA 02554 77. Arthur Krause, 21 Broad Street, Nantucket, MA 02554 77.1 Prentice Willetts Claflin, Box 176, 131 Folpis Road, Nantucket, MA 02554 X78. Philip W. & Margaret G. Read 79. Curtis L. Jr., & Joan S. Barnes, 12 Sunset Hill Road, Nantucket, MA 02554 80. Bryon S. & Suzanne Lingeman, 9 Edmounds, Wellesley Hills, MA 02181 81. Catherine E. Cronin, 5 Ash Street, Nantucket, MA 02554 82. William A. Soady, 68 Bank Street, New York, NY 10014 83. Joseph R. Motta, Jr. & Charles W. Veysey, c/o Mrs. C.W. Veysey, 8 Rocky Point Road, Old Greenwich, CT 06870 84. Wilhelmina R. Shaw, 196 Valley Road, Middletown, RI 02840 (continued) Y Page -2- Map 114242 continued: 85. Lauretta M. Gibbs, 1 Ash Street, Nantucket, MA 02554 87. Sara Shlosser O'Reilly, 9 North Water Street, Nantucket, MA 02554 88. Paul H & Diane C. Madden, 17 Union Street, Nantucket, MA 02554 P(90. Wylie L. & Louise C. Collins, 17 Broad Street, Nantucket, MA 02554 1-91. NOT LISTED 92. Daniel G. & Paul Sweeney, Nantucket Whaler Realty Tr. Condo., 1228 Hill Road, Boxborough, MA 00000 93. Charles & Nella Deflandre, 2 Ash Lane, Nantucket, MA 02554 94. Mildred H. Rutter, 8 Ash Street, Nantucket, MA 02554 95. Margaret L. Conway, c/o Louise Conway, 4 Ash Street, Nantucket, MA 02554 96. John Thomas Dinan, Jr., 321 Brackett Street, Portland, ME 04102 97. Mary G. Pegg, 10 Fox Meadow Road, Scarsdale, NY 10583 103. Sara S. O'Reilly, 9 North Water Street, Nantucket, MA 02554 Map 114243: 29. Miller R. Jr., & Margaret P. Hutchinson, P.O.Box 1004, Nantucket, MA 02554 ,-�30. Philip W. & Margaret G. Read 31. Priscilla E. Whalley, 7335 S. College Avenue, Tulsa, OK 74136 32. Margaret K. Terry, Box 242, 150 Surfside Road, Nantucket, MA 02554 76. Lorena M. & Parker W. Gray, Jr., 60 Center Street, Nantucket, MA 02554 77. Reverend Edward J. Sharpe, 35 Dillingham Avenue, Sandwich, MA 02563 A78. Reverend Edward J. Sharpe, 35 Dillingham Avenue, Sandwich, MA 02563 -A'79. Reverend Edward J. Sharpe, 35 Dillingham Avenue, Sandwich, MA 02563 '"80. Philip W. & Margaret G. Read 81. Bertha R. Cassidy, c/o Valerie Stevens, 136 Reagan Road, Ridgefield, CT 06877 •