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Home My WebLink About025-86FEE $100.00 Case APPLICATION TO THE BOARD OF APPEALS Nantucket, Massachuset'_: 'T'o the members of the T3oard of Appeals: The under.signed.hereby applies for relief from the terms of (7p,'.�C;� By -T,AW) (#3UILDING CODE) on property described below: Location of Property __Lq:_ 1t1z�% � O ,1 ,I' �� 7 38 Lot No. L_A-No CeUr1^ =Plan No. ! /?% _ pis'_rict is zoned for�,.�i�t�� Ci/ - ,pyp.o of structure (Existing ,or Proposed) or proposed Oy,•: ner' s Name Owoor' s Address ( �' .,rh ,�n did you acquire this property ?_ Has application been filed at Building Department? e Has any previous appeal been made? yG' 11'iCn " 'Qyw2iV4-&i.0 Section of By -Law or ode from which relief is requested: % s �el,ie £N�►'7 )pH -w)t j 5 tiAjy NVN C)n� ism ln�j v5 �a; P --Gpc) s U Reason for asking relief: 51) "Ja� W 4'`f .1 kA Cc; firs ShH/`� C'OfnmU/r YY), � U Sig a re of a licant 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 T:,,an 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 CJ� Advertising dates Hearing date(s) Decision of Board Decision filed with the Town Clerk - — ��. TOWN OF NANTUCKET BOARS OV APPEALS L.,.t of par_ies in interest_ in the ratter of the petition of: A- ddress OS1EY - -- A v7ideI- il - property Address---.-,5a (A el lq S A 62UE - -- Abutters to Sunken Ship Bldg. *44* P #6 Jodi Booth Box 763 Palm Beach Florida 33480 #7 Thomas B. McGlinn 1 Chestnut Street Nantucket Mass. 02554 #8 Nantucket Yacht Club 1 South Beach Street Nantucket Mass. 02554 #9.1 Betty Foster 21 Federal Street Nantucket Mass. 02554 #9.2 same as above 09.3 DownyFlake,Inc. Box 945 Nantucket Mass. 02554 #10 Patricia Barry E. Chestnut Realty 66 Gaspee Drive Warwick R.I.02888 #10.1 same as above #10.2 Foster Herman 125 Williams Street S. Dartmouth Mass. 02748 #10.3 Leon and Rose Marty 35 Hooper Farm Road Nantucket Mass. 02554 #11 Dreamland theatre Inc. South Water Str. Nantucket Mass. 02554 #12 Nantucket Yacht Club as above #13 Nantucket Steamship Authority Steamboat Wharf Nantucket 02554 #23 Harry Gordon Easy Street Nantucket Mass 02554 #24 same as above #25 same as above #26 same as above #27 Sherburne Associates 0 Main Str. Nantucket Mass. 02554 #28 same as above #29 Town of Nantucket Town Clerk Nantucket Mass. 02554 #30 same as above #60 Hudson Holland Ed Vaughn 15 Fair Street Nantucket Mass 02554 #61 Nantucket Historical Association Nantucket Mass. 02554 #62 Irene & James Walsh 7531 Bristol Lane Parkland Florida 33067 #64 Roger Young 28 Easy Street Nantucket Mass. 02554 #65 William Cameron & Wayne Musher 4 Broad St. Nantucket Mass. 02554 #66 Henry and Sandra Fee 25 Center St. Nantucket Mass. 02554 #67 Roger & Cynthia Young as above #69 Herbert Cabral 2 Chestnut Str. Nantucket Mass. 02554 #71 Walter Glidden Jr. 41 Liberty Street Nantucket Mass. 02554 #74 Mr.& Mrs Collins 17 Broad Nantucket Mass. 02554 #90 Thomas & Nancy Martin 4 North Water Str. Nantucket Mass. 02554 #102 John & Colleen Arno 21 South Water Str. Nantucket Mass. 02554 1 #72 Walter Glidden as above #70 Sherburne Associates as above #73 SUNKEN SHIP BUILDING (US) I certify the foregoing is a list of persons who are owners of 1- abutting the property, owners of land abutting the abutters, own of lard 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. aa I , 1AJ) zl M"' 10'. Date Assessor Town of Nantucket TOWN OF NANTUCKET 0" BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 April 7, 1986 Re: PHILIP AND RUTH OSLEY (025 -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. c G 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 49 1986 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Application of PHILIP AND RUTH OSLEY (025 -86), address 12 Broad Street, Nantucket, MA 02554, the Board enters the following Dec- ision and makes the following findings: 1. Applicants seek a VARIANCE under SECTION 139 -16C (side line set- back) to share a masonary firewall (party wall) in common with their southerly abutter along the south lot line, reducing setback from 6 inches to zero. Applicants further request a SPECIAL PERMIT under SECTION 139 -33 to enlarge the pre- existing, non - conforming structure or use (per notice or mark -up of application form, respectively). The premises are located at 12 BROAD STREET, extending between South Water Street and Oak Street, Land Court No. 7538, Plan No. 10147A and zoned RESIDENTIAL - COMMERCIAL. 2. Based upon the Application papers, viewings, and records of prior proceedings in this matter, we find that Applicants' letter of February 24, 1986 correctly states that this Board recently granted a variance (014 -86) to their southerly abutter John Arno (dba Vincent's restaurant) to have his structure share a common wall with Applicants'. The Planning Board, having jurisdiction over Applicants' Major Commercial Development of the premises, recommends our favorable action on the variance. No oppo- sition was heard. Safety and other considerations favor the party wall. 3. Accordingly, upon the requisite findings in support of a variance including hardship and uniqueness, this Board by UNANIMOUS vote, GRANTS to Applicants the requested VARIANCE for such party wall. 4. Under Section 139- 9B(4)(b), the Planning Board is the sole Special Permit Granting Authority for Applicants' Major Commercial Develop- ment. By letters of February 20 and March 4, 1986 to Applicant following respective hearings of February 7 and 28 and at the hearings, we explained (025-86) -2- that we are unable to cure any lapse of our Special Permit 005 -85 which we granted Applicants prior to the determination of a Major Commercial Development by the Planning Board. Possible need for a new permit is dis- cussed in the March 4th letter. No decision was therefore made on the re- quest for a Special Permit. Dated: April 7, 1986 Nantucket, MA 02554 �• �,w.. William R. Sherman Dorothy D. Vollans Li da F. Williams NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, APRIL 4, 1986 at 12.:00 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of PHILIP AND RUTH OSLEY (025 -86) seeking a VARIANCE under SECTION 139 -16C (side line setback) of the Zoning By -Law. If granted, the Applicants would be allowed to move the southerly wall of the Sunken Ship building 6 inches to the side line boundary in order to share a common masonary firewall with property owned by John Arno (Vincent's Restaurant). Applicant further requests a SPECIAL PERMIT under SECTION 139 -33 to enlarge the pre- existing non - conforming structure. The premises are located at 12 BROAD STREET, LAND COURT NO. 7538, PLAN NO. 10147A and zoned RESIDENTIAL - COMMERCIAL. Alt� Andrew J. Leddy, Jr., Uing Chairman BOARD OF APPEALS 4 Febuary 24, 1986 Nantucket Board of Appeals Town Building Nantucket, Mass. 02554 Dear Members: On January 13, 1986 the Planning Board approved an amendment to move our previously approved footprint for the Sunken Ship building at 12 Broad street six inches to our south boundary in order to share a common masonary firewall with John Arno. The Board waived by unanimous vote the requirement for another public hearing and special permit because of the minor change. Just recently your Board approved the Arno application to move his footprint to his northern boundary with us to eliminate the small alley between the two structures and to share the common wall. Based on both approvals above, we request the Board of Appeals to approve a varience to move our boundary six inches south to meet Arnos'. As no action can be taken before March 1, we therefore request an extension from the Board in order to procure the varience at the next meeting on Feb. 28, 1986. An application for the varience is filed this 24th day of Feb. along with this request for the extension. I Cordially, Philit A. Osl cc: Jeff Moore Planning Board f Carl Borchert Epple & Associates,/ ('j: NANTUCKET PLANNING BOARD BROAD STREET - NANTUCKET, MASSACHUSETTS 025543593 - (617) 228 -9625 AMENDMENT TO SPECIAL PERMIT NO. 2 -85: PHILIP AND RUTH OSLEY At a meeting of the Nantucket Planning Board held January 13, 1986, on the application of Philip and Ruth Osley for an amendment to their special permit previously granted by the Planning Board on June 24, 1985 for a major commercial development to expand the floor area of the existing Sunken Ship Building, located at the corner of Broad Street and South Water Street, the Planning Board found: The applicants, Philip and Ruth Osley, propose to relocate the previously approved footprint of the Sunken Ship Building, approximately 6 inches to their south property line, in order that they may share a four hour masonary fire wall with Vincent's Restaurant, owned by John Arno. The proposed modification would allow John Arno to enclose the existing staircase for access to the second floor restaurant and eliminate the small alley between both the Sunken Ship Building and Vincent's Restaurant. nt-r i c i nn The Planning Board finds that the applicants' proposed amendment to the plan does not materially effect the findings, conditions and conclusions upon which the Planning Board's previous decision to approve the major commercial development was based, thus waiving by a unanimous vote the requirement for another public hearing and special permit, pursuant to Section 139 -9B(4) of the Zoning By -Law. Based on the foregoing finding, the Planning Board hereby grants its approval of an amendment to Philip and Ruth Osley's Special Permit No. 2 -85 for a major commercial development to relocate the Sunken Ship Building six inches to their southerly boundary line, in order to share a common wall with the Vincent Restaurant Building. This approval is granted conditional upon compliance with all the conditions and agreements included in the original special permit No. 2 -85, previously granted by the Planning Board June 24, 1985, on file in the Planning Board's and Town Clerk's office. Respectfully Submitted, Walter S. Barrett, Chairman