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Home My WebLink About004-85Re: .,.TOWN OF " NANTUCKer -BOARD_ O.F APPEALS - NANTUCKET; . MASSACHUSETTS 02554 February /� , 1986 ft DOWNY FLAKE, INC. (004 -86) 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. 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, FEB- RUARY 71 1986 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Application of DOWNYFLAKE, INC. (004 -86) address c/o Karsten Reinemo, Sr. 62 Hooper Farm Road, Nantucket, the Board enters the following Decision and makes the following findings: 1. Applicant seeks by SPECIAL PERMIT under Zoning By -Law SECTIONS 139 -18G and 139 -33 a change of the upper (i.e. the second) floor of an existing building to "low intensity" office use "similar to a customary home occupation ". The premises are located at 23 FEDERAL STREET, Lot 3 of Plan Book 21, Page 31 and zoned RESIDENTIAL - COMMERCIAL. 2. Based upon the Application papers in this and two preceding files (060 -84 and 050 -85), viewings, testimony and representations, we find that Applicant acquired the property in January, 1982 (or 1981 as stated on the present Application form). 3. We are told that a motive in the acquisition was to provide for possible relocation of the Downy Flake restaurant from 5 South Water Street, and housing for employees (or others) by adding a second story to provide a second -floor dwelling unit (see Application form in 060 -84). A Special Permit was granted August 31,1984 (060 -84) allowing extension of ground cover by 57 SF and adding the second -story dwelling to the pre- existing, non - conforming structure. Since the building was enlarged, the accompanying waiver of off - street parking must be taken as for the total spaces required, were it newly constructed (139 -18A). The plans submitted in support of that Application 060 -84 showed a one- bedroom dwelling unit on the second floor and a "general office" and smaller "conference room" on the first floor. No other floor plan was shown, simply a foundation footprint annotated "foundation plan to be completed ". 4. The next Application (050 -85) reflected completed construction of the enlarged building (but not we are told second -floor kitchen) includ- ing a 680 SF basement not previously considered for impact on the off - street � 1 , (004.86') ' -2- parking requirement, even if limited to storage. The basement was then in use, not for storage but with an active travel agency. That use faced a stop order absent the relief then sought, and would have required 4 off - street parking spaces, 3 more than storage alone. Applicant further proposed use of the upper ( "third ") floor "as a dwelling unit or office space" (emphasis added), the latter imposing an added requirement of 3 parking spaces. Moreover, the previously proposed office use of the first floor was then, in reality, a retail gallery use with unspecified number of employees to be counted in reckoning off - street parking. Only one off - street parking space was actually provided (i.e., that required for the upper floor dwelling unit). 5. Rather than close down the travel agency at the beginning of the summer season with no ready alternative location, this Board granted a further Special Permit (050 -85) or modification of the prior one, allowing operation of a travel service in the basement, with waiver of the corres- pondingly increased off - street parking -space requirements, conditioned on occupancy of the second -floor apartment being restricted to one employee of Applicant. This condition we understood to be acceptable to Applicant. 6. In the present Application, Applicant proposes occupancy of the second floor by Bracebridge Young, a stockbroker who would not use it as a residence but as an office. Despite much argument about how undemanding such use might be, in fact, in its impact upon parking, the By -Law is clear that three off - street spaces are required for office use (with 680 SF more or less) verses one for a dwelling unit. 7. The Board questioned whether restriction of the dwelling unit to one employee occupant might be widened, e.g., to include a non - employee. Applicant appeared unwilling to consider other than the office use sought arguing that noise and restaurant fumes made the residential use unsuitable. No firm evidence, e.g., from would -be occupants, was offered. 8. Having previously approved so considerable an increase in inten- sity of use (and size of structure) on this site, we are, under the circum- stances, unable to find this proposed further intensification in harmony 4, (004 -86} -3- with the general purposes and intent of the zoning chapter. While Applicant properly is within Section 139 -18G (b), but not (a), we can not properly grant further relief from the parking requirement. The Planning Board, speaking generally and specifically with reference to this site as well, urged our strict adherence to the parking requirement. The Board of Select- men, by letter of June 7, 1985, urged the same. 9. Accordingly, the Board, upon a motion to grant the relief request- ed, voted two in the NEGATIVE and Andrew Leddy in the affirmative, thus the requested relief is DENIED. Dated: February 14, 1986 Nantucket, MA 02554 William R. Sherman c '0"00� Ze /C;�Z C. Marshall Beale nti env Lai 't= ANdrew J. Leddy, Jr# 1� NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JANUARY 101 1986 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of THE DOWNYFLAKE,INC. (004 -86) seeking a SPECIAL PERMIT under SECTION 139 -33 to alter an existing non - conforming third -floor apartment use to a "home" office use with SECTION 139 -18G relief from any increase in parking requirements. The premises are located at 23 FEDERAL STREET, LOT 3 OF PLAN 21 and in the RESIDENTIAL - COMMERCIAL zoning district. i I 2_6� William R. Sherman, Chairman BOARD OF APPEALS M�...v »..�;.:..a. .. ,yis,;,,y -.e .i- %- ..+..;� rte. ;•< —,.uc v%s� — � s°�'w ".s ... �T.°.``. �;,...� ..5�".�?�e��?"`�tx�':^^� .... __ - _. ...— — - - �- E F $100.00 z; e 0 Pf'WRD "'T III, -._1W) (L_�; I I'D t .11 d i 1 c ion (-) . 23 Federal Street, Nantucket, MA 02554 3 21 S z C. n. e'7 e rR/-- (A) U, Of f ic P Downyflake, Inc. 1dr c/o Yhrston Reinemo, Sr., 62 Hooper Farm Road, Nantucket, MA 8 19 did you acqui f h i s G e r 1, , " ?.- __ ___ 1 ___ . - - - - - -_ -_ -_ — - - ii-s appl Loation been rit Buildinq Der-i.tme-lit? -i,; a nv nrevio,,:s av)recii Lcon inade? yes rc Section 71 and 6B CC LiOr, G f B T 3 W C11: C> !t'_ fiom which relif,L 139-'i3 and 139-18 peas,on for aski!ig reiie':: Change of use from avartment dwelling unit on the third floor of the existihg_bu`iTcT1_n_'4__t6_a _1_oiw__Tfi-E6 ni—s-ity office use similar to &_,.Cl 1 _q 1-7 0WaX*-hoM4Ej- relief -is- requested - -to permit change of use and to maintain existing ..2,arking. I A , `;', iii , S L "-1 ", ! S I "-),: -I I i c" t on s u bi-� i.�L t i lip 47. ':v e r t 2. s rc crates i;19 date is) 5 ion f -A w tn t ":e (1) A list kf and owner abutt.n,i 0;t- abvittei:s' Lec!.. (21) :, t1. arnol'm': of X100 <I',� . , th,- T.;w-i of Nantuc<.ot. (3) Four 01 tt'(' the ICC�. -Icr" of the S i-, is (4) If t1-.e is oth,_:r' y C) 117 1- k I, t " i r-1 I I t C) :-, '71 k C. t- ` i i I; I A , `;', iii , S L "-1 ", ! S I "-),: -I I i c" t on s u bi-� i.�L t i lip 47. ':v e r t 2. s rc crates i;19 date is) 5 ion f -A w tn t ":e TOWN OF N �NTUC1;.;'I' bOAPP) 01" APPEALS List of parties in interest in they ;n;Itter of tics petit -, in of: Name Downyflak.e, Inc. Address c/o Karsten Reinemo, Sr., Ilocper Farm Road, Nantucket, N'% Property Address 23 Federal Street. 4231 -9.3 4231 9.1 Mr. Charles L. Walsh 127 Boarding house of N�i;itucr:f-t, Inc:. 9.2 21 Federal Street, Partnership 12 Federal St., Nantucket, 14A 21 Federal St., Nantucket, MA 10.1 Patricia Barry, Trustee E. Ciestnut Fealty Trust 66 aaspie Point Drive War°taick, RI 02888 10.2 Foster R. liermaii 125 William Street South Dar'-mouth, MA 02748 10.3 UK)n and Fmse Marty 35 Iiaoper Farm Road Nantucket, MA 02554 71 Sixteen Fcderal Stav,,et, Inc. c/o Peter Martin P.O. lax 217, Nantucket, MA 02554 73 Atheneun Library 74 Nantucket, MA 02554 4231 Ernst R. & Jane L. Davis 4 20 North Water St. , Nantix--ket, MUN 11.1 Dreamland Theater 17 South Water Street. Nantucket, a�1 02554 4231 Ai, S. Killen Easy St., Nanttx:ket, MA 02554 123 Donald E. De 4arco 240 Fast 79th Street, Apt.. 4 N-� Fork, NY 10021 122.1 Sara S. O' 142illy 122.2 9 North Wester Street. &intucket, MA 02554 12.9 Postmaaster of Nantucket U.S. Post Office, Fezlefa1, St. , Nant:.,Lket NV, 02554 186 NjIntucket iii.stor;c .1 i�sso( i- atir:n Nantucket, MA 02554 8 Chester S. i3arro t, J: Sc- m-' -rset Road, Narittac:ket, :AA 0255 72 S1)a,rI)tn -ne AS's: )date' ,ero Ma i11 St. , Nkuit u,i :kc L, V. -. 0254 125 11'e•deral St.rcc.'L Iejc1.t.y Trust 126 Glidden & Gros�uwm, TruSti_c�s 14 Federal St., 'vant_.t kf_ +. FAT. 02554 12 Zelda Zloti-on, (A ;: 15 South Water Street, N<.c:;ttzckA, tl,F 02554 68 1_A2on quid I-i)yal 31. Center St. , Nanttx,lcnt, MA 02554 69 Ilerkxcrt C. r,Il 2 Chs-st.nttt St_. , Nantucket, MA 025S, 1 70 Joh?i C. 01 man, elk-- <il, G.C. Met-.cal-E, ct ail. 16 Federal t. , N 1. ti k.: t., P,!A 025-D4 130 Czirrio Rillor KmtLicket., MA 0-25,'31 124 David and Barbara Masters 131 Facific Nrat ion,l of 7 India Street, N�u:tucket, hi'i J. ('brdon IMacDol),IId '1 ": SL, 61 Na;_r; St - 1 certify the foregoin (,I is ai list of persc -)ns v:hra are owner!, of land abutting the property and ownr,rs of 1,im (irc�c-1y the property -.:n any street. . -,r w,-+y, an(3 owner.-; of lark' 300 feet of the property, a] 1 as t lw- i t't0 T- ):'t rec "T'i' applicable tax list. i Did