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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 �,x y pr k I ' Y I ♦ � t ••I t i f• ^��� II \ h q v Y r ♦ 5 � a ac R d ee a� ego,. 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