HomeMy WebLinkAbout019-86TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
April 7, 1986
Re: THE BOARDING HOUSE OF NANTUCKET, INC. (019 -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, APRIL
4, 1986 at 1:30 p.m. in the Town and County Building, Nantucket, in the
matter of the Application of THE BOARDING HOUSE OF NANTUCKET, INC. (019 -86)
address c/o Reade, Box 2669, Nantucket, MA 02554, the Board enters the
following Decision and makes the following findings:
1. Applicant seeks a SPECIAL PERMIT under SECTION 139 -33A to alter
and extend a prior use, non - conforming for lack of off - street parking,
and to alter and extend a pre- existing, non - conforming structure subject
to SECTION 139 -16A limitation as to ground cover, also a SECTION 139 -18G
SPECIAL PERMIT from any resulting off - street parking space requirement
not met by grandfathering. The premises are located at 12 FEDERAL STREET,
(the Boarding House Restaurant), Assessor's Parcel 42.3.1 -127 (Plan File
20 -D), and in the RESIDENTIAL - COMMERCIAL district.
2. Based upon the Application papers (in this and file 049 -83),
letters, viewings, and plans and testimony and representations presented
at the hearing of February 28 and arguments April 4, 1986, we find that
Applicant acquired the premises Nov. 11, 1974 (Applicant has a new prin-
cipal stockholder, however). For whatever reason, accurate records of the
pre mid -1972 zoning uses of the premises are not available to us. We heard
variously of restaurant use on Level B (the first floor above ground),
retail shop use on Level A (basement) and owner's office and residential
use on Level C (2nd floor) and residential on Level D (3rd floor).
3. Level A now has a restaurant use with 48 -seat occupancy. At the
time of the 049 -83 variance relief, Level B remained in restaurant use with
seated occupancy of 48 (or 67 ?). That variance was urged by Applicant, we
understand, as allowing a needed increase in restaurant seating by extend-
ing a 22'x22' enclosed structure into the open patio dining area. In the
next season, Level B restaurant use was terminated (except for a 400 SF
baking kitchen) and was continued in the patio extension. On Level C in
1972, we understand) an office for the restaurant used 250 SF. The remainder
(019 -86)' -2-
of Level C and all Level D was in residential use without a kitchen, hence,
not a dwelling unit.
4. Without seeking a Special Permit or other approval, Applicant
introduced a retail shop to Level B in lieu of the restaurant use which
is now (off- season) discontinued. Applicant proposes to reintroduce retail
store use to Level B, initially in the 1365 SF (or 1569 SF ?) space with
front entry and 470 SF (or 392 SF ?) space with rear entry) asking allowance
for future conversion of the 400 SF ( ?) intervening bake shop. Level C
would have a 218 SF office for the retail shop, the remainder for backroom
shop storage, off - limits to the public. Level D would continue in residen-
tial use with second means of egress for safety and no kitchen, occupancy
limit set at a safe and reasonable level, and Nantucket Fire Department
approved fire alarm installed.
5. Applicant further proposes closing the streetside entry down to
the Level A restaurant area. Entry to the restaurant would then be via a
proposed vestibule of 49.5 SF projecting from the east facade of the patio
extension where the french doors now provide access. The excess of ground
cover over the permitted 50% would be increased by one -third to 52.7% (or
to 53.1 % ?). This increase , while not affecting the parking requirements,
does further intrude on the patio open space, precious at this intersection
so-significant in the life of the community. Applicant urges energy effi-
ciency (now practiced with the Level A entry), and safety and ease of entty
especially for handicapped (available via the recently constructed french
doors) in seeking the vestibule. We cannot find that it would not be sub-
stantially more detrimental to the neighborhood, under the circumstances.
6. Question was raised about intentional abandonment of the Level B
restaurant use without lawful replacement, making the discontinuance of
-use (arguably) irreversible as less non - conforming under Section 139 -33D.
Also, uncertainty was encountered in reckoning and allocating grandfathered
parking requirements incident to the various uses and levels. Overall,
Applicant's proposed new Level B and C uses appear not substantially more
detrimental to the neighborhood, in parking demands and traffic congestion.
To ensure that, we would impose the following conditions:
h
(019 =86)
-3-
a. Besides the restaurant, the only commercial use will be one
retail business conducted by a single firm or corporation.
b. Only Level B will be accessible to/ customers or
public, Level C being reserved for office and storage use
of the business.
c. Level D will remain in residential use without Kitchen with
secondary egress and an automatic call -in alarm system
approved by the NFD will be installed in the building.
d. As noted above, no vestibule or other ground cover increase
will be permitted.
7. The Planning Board recommended favorable action (although the
parking requirement would exceed that grandfathered). Two letters in oppo-
sition were received, one concerned about parking, the other possibly mis-
reading the change from (restaurant) office to (retail) office use as a
change from office to retail use. In any event, strict enforcement was asked.
8. By comparison with other recent requests for parking relief in
the core business district, we see this Application as intrinsically offer-
ing parking relief by a diminished restaurant use (as with the Opera House).
We think the conditions noted are reasonably calculated to ensure this re-
sult so that special permit relief under Section 139 -18G may be granted with
a finding of physical impossibility to provide off - street parking and, over-
all, a harmony with the general purpose and intent of the zoning chapter.
9. Accordingly, by UNANIMOUS vote this Board-GRANTS to Applicant the
requested relief by SPECIAL PERMIT limited by the stated conditions.
Dated: April 7, 1986
Nantucket, MA 02554
rvw
Andrew J. Leddy, Jr.
Do thy D. Vollans
T
William R. Sherman
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Boarding House of Nantucket, Inc.
12 Federal Street
Nantucket, MA 02554 July 9, 1986
Re: Special Permit 019 -86
Gentlemen;
Responding to the letter of June 23, 1986 from Robert Kuratek and
Sarah Chase of Nantucket Restaurants, Inc., we took up at our public
hearing of June 27, 1986, the question of a possible ambiguity in
our decision granting the above -noted Special Permit. As we noted
then, interpretation of our decision is properly left to the Building
Inspector aided, if need be, by Town Counsel. Appeals from actions
of the Building Inspector are to this Board under Code Section 139 -31.
After hearing argument, we found no ambiguity in the condition that
the only commercial use, besides the restaurant, will be one retail
business conducted by a single firm or corporation. We are advised
that Knight and Company is now leased to conduct that business,
involving antiques, accessories, design and flowers. The condition
does not bar inclusion in that "one business" of take -out food
sales. Nor does the decision include such sales as part of the rest-
aurant business.
Accordingly, we perceive no ambiguity in the April 7, 1986 decision,
and Special Permit. If modification of the Permit were sought to
allow a take -out food use on Level B, e.g., Que Sara Sarah in place
of the restaurant's baking kitchen, a formal application to this
Board and notice to the public would be required. Under Section 139 -
18I, further off - street parking is required for take -out food
establishments.
cc: Building Inspector
Town Counsel
Town CLerk
�� Q
-2-
� Ir / /��
William R. Sherman
Chairman
BOARD OF APPEALS
�j
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held on
FRIDAY, FEBRUARY 28, 1986 at 1:30 p.m. in the TOWN AND COUNTY
BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application
of THE BOARDING HOUSE OF NANTUCKET, INC. (019 -86) seeking a SPECIAL
PERMIT under SECTION 139 -33A9 139 -18 and 139 -16A to change existing
space in a commercial building from restaurant and office use to
restaurant, retail, storage and office uses, and to add an entry
vestibule. The premises are located at 12 FEDERAL STREET, ASSESSOR'S
PARCEL 42.3.1 -127, PLAN FILE 20 -D and zoned RESIDENTIAL - COMMERCIAL.
GV�`� -� 1 t9'� -•w C,
William R. Sherman, Chairman
BOARD OF APPEALS
' T -.. B -4
FEE $100.00
Case No. �JI�
APPi.ICA7101J I'D T1+6' BOARD OF AME.ALS
Nantucket, Massachusetts
To the Members of the Board of Appeals:
The un dCt5igned hereby apfties for relief from the terms of the
(ZONING BY -LAW) (gVILV1 -A5 CODE) on Property described below:
Location of Property__12 Federal Street (42.3.1 - 127)
Lot No. -- _ _ f ;an No. Plan File 20 -D
District is zoned for Residential- Commercial
Type of structure(Existing or Proposed) or proposed use: Existing restaurant a
commercial structur
Owner's Name The Boarding House of Nantucket I
Owner's Address c/o Reade & Alger Professional Corporation, P.O. Box 2669,
When did you acquire this property? Nov. 11, 1974
Nantucket, MA 02584
Has application been filed at Building Department? No.
Has any previous appeal been made? See special permit 049 -83.
Section of By -Law or Code from which relief is reque$ted: §139 -33 -A
(Alteration of prior non - conforming structure and use); §139 -18 (Parking
Rem mxturxvzbjxpTxedxi)e6cx requirements - change of use); §139 -16.A
(Intensity regulations - ground cover ratio)
Reason for askin relief: See attached statement.
Signature of applicant
THE BOARDING HOUSE OF
NANTUCKET. INC.
By (/XtM�41 .1&5'Wi�i
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
Application submitted to Board
Advertising dates
Hearing date(s)
Decision of Board
Decision filed with the Town Clerk
Application of The Boarding House of Nantucket, Inc.
Premises at 12 Federal Street (42.3.1 - 127)
This application is made for the following purposes:
1. To permit existing space used for commercial purposes,
including restaurant, office and employer dormitory uses, to
be rearranged and converted for commercial uses, including
restaurant, retail, office, storage and employer dormitory
uses, notwithstanding the fact that the premises may be noncon-
forming as to ground cover and setback requirements, and are
nonconforming as to parking requirements.
2. To permit expansion of the existing building consisting
of a new entry vestibule permitting entrance to the existing
restaurant premises directly from Federal Street, complying
with handicapped access requirements and conserving energy,
eliminating the present restaurant entrance. This would increase
the ground cover ratio from the present 51.86% to about 53.10 %.
50% is the maximum permitted under the by -law.
All of the aforesaid relief constitutes matters for special
permit.
TOVTM OF lWiTTICKET
List of Parties in interest in the matter of the Petition of:
Name: The Boarding Hsu
c/o Arthur I. Reade, Jr., Attorney
Address: Reade & Alger Professional Corporation
P.O. Box 2669, Nantucket, MA 02584
Property Address: 12 Federal Street (42 3 1 - 127)
1 certify the foregoi
abutting the property
nn any street or way,
all as they appear on
Datn
See attached lists
na is a list of persons who are owners of land
and owners of land directly opposite the property
and owners of land within 300 feet of the property
the most recent applicable TAX. list.
Assessor
Town of Nantdc4c&t --
LIST OF PARTIES IN INTEREST
(Application of The Boarding House of Nantucket, Inc.,
12 Federal Street - 42.3.1 -127)
Wayne F. Holmes (42.3.1 - 3)
William H. Hays III
35 Center Street
Nantucket, MA 02554
Ernest R. & Jane L. Davis (42.3.1 - 4)
20 North Water Street
Nantucket, MA 02554
Robert E. & Frances C. Leach (42.3.1 - 5)
c/o Taylor R & C
5 Chestnut Street
Nantucket, MA 02554
Charles G. & Jeannette L. Carl (42.3.1 - 6, 69)
3 Chestnut Street
Nantucket, MA 02554
Thomas B. McGlinn (42.3.1 - 7)
1 Chestnut Street
Nantucket, MA 02554
Chester S. Barrett, Jr. (42.3.1 - 8)
21 Somerset Road
Nantucket, MA 02554
Charles L. Walsh (42.3.1 - 9.1, 9.2)
21 Federal Street
Nantucket, MA 02554
Downeyflake, Inc. (42.3.1 - 9.3)
P.O. Box 945
Nantucket, MA 02554
East Chestnut Realty Trust (42.3.1 - 10.1)
c/o Phyllis A. Parker, Tr.
4 East Chestnut Street
Nantucket, MA 02554
Foster R. Herman (42.3.1 - 10.2)
125 William Street
So. Dartmouth, MA 02748
Leon & Rose Marty (42.3.1 - 10.3)
35 Hooper Farm Road
Nantucket, MA 02554
Dreamland Theatre, Inc. (42.3.1 - 11.1)
17 South Water Street
Nantucket, MA 02554
Page 1 of 6 k
Zelda Zlotin et al (42.3.1 - 12)
c/o Green Coffee Pot
15 South Water Street
Nantucket, MA 02554
Sharon B. Doucette (42.3.1 - 64)
25 North Water Street
Nantucket, MA 02554
Mary S. Voorhees (42.3.1 - 65)
21 Wauwinet Road
Nantucket, MA 02554
Richmond Ludlow Inc. (42.3.1 - 66)
38 Center Street
Nantucket, MA 02554
Edward W. Washburn (42.3.1 - 67)
c/o Sharon B. Doucette
25 North Water Street
Nantucket, MA 02554
Leon M. & Eleanor J. Royal (42.3.1 - 68)
31 Center Street
Nantucket, MA 02554
John C. Ohman (42.3.1 - 70)
Jane L. David
G.C. & D.P. Metcalfe
16 Federal Street
Nantucket, MA 02554
Sixteen Federal Street, Inc. (42.3.1 - 71)
c/o Peter Martin
P.O. Box 838
16 Federal Street
Nantucket, MA 02554
Sherburne
Associates
(42.3.1 -
72, 75, 76,
Zero Main
Street
128, 166,
170, 173,
Nantucket,
MA 02554
201, 202,
214, 222)
Nantucket
Atheneum Library
(42.3.1 -
73, 74)
3 India Street
Nantucket,
MA 02554
David P. White (42.3.1 - 119)
2 Hussey Street
Nantucket, MA 02554
Twenty -four Broad Street, Inc. (42.3.1 - 120;
24 Broad Street 42.4.2 - 35)
Nantucket, MA 02554
Page 2 of 6
�v 1�
Robert Dewey (42.3.1 - 121)
c/o Center Realty Trust
140 Broadway
New York, NY 10005
Michael C. & Sara S. O'Reilly (42.3.1 - 122.1, 122.2)
129 Polpis Road
Nantucket, MA 02554
Donald E. DeMarco (42.3.1 - 123)
240 E. 79th Street, Apt. 4
New York, NY 10021
David, Jr. & Barbara Masters (42.3.1 - 124)
7 India Street
Nantucket, MA 02554
Federal Street Realty Trust (42.3.1 - 125, 126)
c/o F & F Realty Trust
880R Providence Highway
Dedham, MA 02026
U.S. Post Office (42.3.1 - 129)
7 Federal Street
Nantucket, MA 02554
Carrie Miller (42.3.1 - 130)
Nantucket, MA 02554
Pacific National Bank, Tr. (42.3.1 - 131)
c/o E M R E Corp.
Macy Lane
Nantucket, MA 02554
Richard A. Chase (42.3.1 - 159)
c/o R. M. Hoffman Assoc.
222 St. Paul Place, Suite 507
Baltimore, MD 21202
Norman Carl (42.3.1 - 161)
13 India Street
Nantucket, MA 02554
Mariner House Ltd. (42.3.1 - 162)
30 Center Street
Nantucket, MA 02554
Bart Realty Trust et al (42.3.1 - 163)
c/o Historic Preservation
15 Ridgewood Lane
Hilton Head, SC 29928
Historic Preservation Ptnrs. #1 (42.3.1 - 164)
15 Ridgewood Lane
Hilton Head, SC 29928
Page 3 of 6/
��✓
Historic Preservation Ptnrs. #2
c/o J Pepper Frazier
2 Commercial Street
Nantucket, MA 02554
Pearl Street Realty Trust
c/o P.B. & D.W. Waine, Trs.
Nantucket, MA 02554
Andrew M. Willauer et ux
880 Ssport Hill Road
Easton, CT 06612
Lucille A. Jordan et al
c/o Lucille A. Jordan
Polpis Road
Nantucket, MA 02554
St. Mary's Roman Catholic Church
3 Federal Street
Nantucket, MA 02554
Gwen W. Gaillard
4 South Water Street
Nantucket, MA 02554
Micheal Scott Realty Corp.
17 Main Street
Nantucket, MA 02554
Methodist Church
2 Center Street
Nantucket, MA 02554
Petticoat Row
11 Office Park Dr., Suite 250
Hilton Head, SC 29928
John F. & Jacqueline T. Bertolami
47 Main Street
Nantucket, MA 02554
Allan D. & Bonita L. Bell
5 Deer Run Road
Nantucket, MA 02554
Joseph V. Arno
P.O. Box 1319
Nantucket, MA 02554
Robert Snow et al
R.F.D. 6
47 Cypress Street
Plymouth, MA 02360
Page 4 of 6
(42.3.1 - 165)
(42.3.1 - 167, 204)
(42.3.1 - 168)
(42.3.1 - 169, 171, 172)
(42.3.1 - 174)
(42.3.1 - 176)
(42.3.1 - 177, 178)
(42.3.1 - 199)
(42.3.1 - 203)
(42.3.1 - 205, 206)
(42.3.1 - 207)
(42.3.1 - 208)
(42.3.1 - 209)
Albert E. & Judith A. Minucci (42.3.1 - 210)
P.O. Box 194
Barnstable Village, MA 02630
Robert E. & Dorothy B. Tonkin (42.3.1 - 211)
Quarter Mile Hill
Nantucket, MA 02554
Grace M. Klingelfuss et al (42.3.1 - 212)
6455 S. Tropical Trail
Merrit Island, FL 32952
David H. & Ralph L. Murray (42.3.1 - 213)
23 Main Street
Nantucket, MA 02554
Congdon & Coleman Insurance (42.3.1 - 221)
Agency, Inc.
57 Main Street
Nantucket, MA 02554
Brock Building Trust (42.3.1 - 223)
53 Main Street
Nantucket, MA 02554
Grace L. Coffin (42.3.1 - 224)
Polpis Road
Nantucket, MA 02554
Sherburne Associates (42.4.2 - 28)
c/o Harborview Shopkeepers
35 Main Street
Nantucket, MA 02554
Town of Nantucket (42.4.2 - 29)
Information Bureau
Nantucket, MA 02554
Town of Nantucket (42.4.2 - 30)
Town and County Building
Nantucket, MA 02554
Robert F. Mooney (42.4.2 - 31)
171 Orange Street
Nantucket, MA 02554
Lois K. Shapiro (42.4.2 - 32)
168 Valley Road
Watchung, NJ 07060
Howard R. & Carrol L. Crocker (42.4.2 - 33)
c/o Carrol L. Crocker
162 Main Street
Nantucket, MA 02554
Page 5 of 6
Betty Lou Foster (42.4.2 - 34)
c/o Broad Street Assoc.
1430 K Street, N.W.
Washington, D.C. 20005
Page 6 of 6
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