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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
December 1$, 1986
Re: Marcia Reubin and Harold E. Reubin (147 -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.
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William R. Sherman, Chairman
BOARD OF APPEALS
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISION:
The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, DECEM-
BER 12, 1986 at 1:30 p.m. in the Town and County Building, Nantucket,
made the following Decision upon the Application of MARCIA REUBIN AND
HAROLD E. REUBIN (147 -86) address 6 Straight Wharf, Nantucket, MA-02554..
1. Applicants seek a SPECIAL PERMIT under Zoning By -Law SECTION
139 -33A to alter a non - conforming retail store building and extend its
retail use ( the FOUR WINDS GIFT SHOP) by converting up to 360 SF of
mixed office and storage space on the second floor to retail use by the
same business having retail use of the first floor. A second exterior
stairway to the second floor would be added. To the extent the use might
be made more non - conforming for lack of any off - street parking required
by Section 139 -18, waiver by Special Permit is asked pursuant to Section
139 -18G of up to 2 spaces. The premises are located at 6 STRAIGHT WHARF,
Assessor's Parcel 42.3.1 -136, Plan Book 19, Page 35, in the RESIDENTIAL -
COMMERCIAL zone.
2. Our findings are based upon the Application papers and corres-
pondence, together with representations and testimony at our hearing.
We find that the existing store building, the Four Winds Gift Shop, to-
gether with adjacent Craft Shop on the same lot, is non - conforming , e.g.,
as to side line setback and ground cover ratio. The first flight of the
rear stairway even extends off the lot into Still Dock Way. The use is
non - conforming for lack of off - street parking and loading spaces. Appli-
cants' representation that the Gift Shop pre -dated zoning was uncontro-
verted. Accordingly, we find that Section 139 -33A is applicable to this
pre- existing, non - conforming use and structure. Counsel advises that
Applicants now own the premises, evidenced by Unit 1 condominium deed of
record.
(147 -86) -2-
3. Profer was made of presentation drawings said to have the
approval of the Historic District Commission by issuance of a Certificate
of Appropriateness. The site and floor plans accompanying the Application
form are said to conform with the HDC- approved design. They show a
partitioning of the second floor to restrict and separate what counsel
characterizes as the existing mixed storage and office uses. Whit
existing mixed office and storage space entailed an `off - street Iyar ng
requirement of 3 spaces, taking account of Sections 139 -18B; D and I, the
proposed limited storage space -less than 450 SF- requires no parking
(unless possibly by addition to existing first -floor storage). The small
office, just exceeding 100 SF, entails one space, and the proposed 360
SF of new retail use entails 2 more spaces. Applicants represent that the
one business entity using first and second floors will require no increase
in employees on peak- shift. With limit of 7, the corresponding parking
requirement is not increased over that "grandfathered" with prior store
operation, namely, two for employees. Hence, the proposed new space
allocations and uses on the second floor entails no increase in off -
street parking. Because the building volume and usable floor space will
not be enlarged, the second sentence of Section 139 -18A is inapplicable.
Hence, we are presented only with the question of second -floor changes
and not parking requirements for all uses on the lot.
4. One letter in opposition was received and the Planning Board's
recommendation was unfavorable. As the letter writer makes clear, the
Still Dock private abutter's way at the rear of the Gift Shop should have
less, not more vehicular use. If there were any indication here that
Applicants' proposals would increase vehicular traffic on Still Dock,'
relief would be inappropriate. Applicants' claim that substantially all
their customers are pedestrians, e.g., from the Hy -Line or other vessels.
No change in truck deliveries is foreseen. Accordingly, on this record
we find that the proposed changes would not be substantially more detri-
mental to the neighborhood but in harmony with the general purposes and
intent of the zoning chapter.
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(147 -86)
-3-
5. By UNANIMOUS vote, this Board GRANTS to Applicants the requester
SPECIAL PERMIT to alter and extend the Four Winds Gift Shop building
and retail use in accordance with HDC- approved changes as noted above,
on condition that the same single retail enterprise conduct the uses on
both first and second floor, with not to exceed seven employees on peak
shift. This Special Permit extends to the premises as an entirety not
to just a single condominium interest.
Dated: December 1q', 1986
Nantucket, MA 02554
William R. Sherman
C. Mar hall Bea e
Dale W. Waine
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
December 1$, 1986
Re: Marcia Reubin and Harold E. Reubin (147 -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:
The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, DECEM-
BER 12, 1986 at 1 :30 p.m. in the Town and County Building, Nantucket,
made the following Decision upon the Application of MARCIA REUBIN AND
HAROLD E. REUBIN (147 -86) address 6 Strdight Wharf, Nantucket, MA-02554.
1. Applicants seek a SPECIAL PERMIT under Zoning By -Law SECTION
139 -33A to alter a non - conforming retail store building and extend its
retail use ( the FOUR WINDS GIFT SHOP) by converting up to 360 SF of
mixed office and storage space on the second floor to retail use by the
same business having retail use of the first floor. A second exterior
stairway to the second floor would be added. To the extent the use might
be made more non - conforming for lack of any off - street parking required
by Section 139 -18, waiver by Special Permit is asked pursuant to Section
139 -18G of up to 2 spaces. The premises are located at 6 STRAIGHT WHARF,
Assessor's Parcel 42.3.1 -136, Plan Book 19, Page 35, in the RESIDENTIAL -
COMMERCIAL zone.
2. Our findings are based upon the Application papers and corres-
pondence, together with representations and testimony at our hearing.
We find that the existing store building, the Four Winds Gift Shop, to-
gether with adjacent Craft Shop on the same lot, is non - conforming , e.g.,
as to side line setback and ground cover ratio. The first flight of the
rear stairway even extends off the lot into Still Dock Way. The use is
non - conforming for lack of off - street parking and loading spaces. Appli-
cants' representation that the Gift Shop pre -dated zoning was uncontro-
verted. Accordingly, we find that Section 139 -33A is applicable to this
pre- existing, non - conforming use and structure. Counsel advises that
Applicants now own the premises, evidenced by Unit 1 condominium deed of
record.
(147 -86)• -2-
3. Profer was made of presentation drawings said to have the
approval of the Historic District Commission by issuance of a Certificate
of Appropriateness. The site and floor plans accompanying the Application
form are said to conform with the HDC- approved design. They show a
partitioning of the second floor to restrict and separate what counsel
characterizes as the existing mixed storage and office uses. Where the
existing mixed office and storage space entailed an off - street parking
requirement of 3 spaces, taking account of Sections 139 -18B, D and I, the
proposed limited storage space -less than 450 SF- requires no parking
(unless possibly by addition to existing first -floor storage). The small
office, just exceeding 100 SF, entails one space, and the proposed 360
SF of new retail use entails 2 more spaces. Applicants represent that the
one business entity using first and second floors will require no increase
in employees on peak- shift. With limit of 7, the corresponding parking
requirement is not increased over that "grandfathered" with prior store
operation, namely, two for employees. Hence, the proposed new space
allocations and uses on the second floor entails no increase in off -
street parking. Because the building volume and usable floor space will
not be enlarged, the second sentence of Section 139 -18A is inapplicable.
Hence, we are presented only with the question of second -floor changes
and not parking requirements for all uses on the lot.
4. One letter in opposition was received and the Planning Board's
recommendation was unfavorable. As the letter writer makes clear, the
Still Dock private abutter's way at the rear of the Gift Shop should have
less, not more vehicular use. If there were any indication here that
Applicants' proposals would increase vehicular traffic on Still -Dock,
relief would be inappropriate. Applicants' claim that substantially all
their customers are pedestrians, e.g., from the Hy -Line or other vessels.
No change in truck deliveries is foreseen. Accordingly, on this record
we find that the proposed changes would not be substantially more detri-
mental to the neighborhood but in harmony with the general purposes and
intent of the zoning chapter.
as
(147 -86)- -3-
5. By UNANIMOUS vote, this Board GRANTS to Applicants the requested
SPECIAL PERMIT to alter and extend the Four Winds Gift Shop building
and retail use in accordance with HDC- approved changes as noted above,
on condition that the same single retail enterprise conduct the uses on
both first and second floor, with not to exceed seven employees on peak
shift. This Special Permit extends to the premises as an entirety not
to just a single condominium interest.
Dated: December 1q', 1986
Nantucket, MA 02554
William R. Sherman
CJ�.r�p
C. Mar hall Bea e
Dale W. Waine
-0(i ss
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held on
FRIDAY, DECEMBER 12, 1986 at 1:30 p.m. in the TOWN AND COUNTY
BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Applica-
tion of MARCIA.REUBIN, FOR HERSELF AND OWNER FOUR WINDS TRUST,
MORGAN LEVINE TRUSTEE (147 -86) seeking a SPECIAL PERMIT under
SECTION 139 -33A to alter and extend a non - conforming retail
store and sales use (the Four Winds Gift Shop) by converting
360 SF of second floor storage to retail, adding second egress
and exterior stairway, and under SECTION 139 -18G with I for
waiver of at least 2 off - street parking spaces. The premises are
located at 6 STRAIGHT WHARF (UNIT 2), Assessor's Parcel 42.3.1 -
136} Plan Book 19, Page 35, in the RESIDENTIAL - COMMERCIAL zone.
�CQ \�Q1
William R. Sherman, Chairman
BOARD OF APPEALS
FEr:_ $100.00
Case No. ` —&<e
APP LICI,TIOJ TO THE BOARD OF APPEALS
` Nantucket, Massachuset'::
To the Members of the Board of Appeais:
The undersigned hereby applies for relief from the terms cf
(ZONING BY -'.AW) R30nMO l , X00D x oa property described below:
Location of Property 6 Straight Wharf Street - Unit 2
Lot No. 136 Plan No. 42.3.1
District is zoned for R -C
Type of structuz-e (Existing c<iX or proposed use: Retail Space
0%..ner's Name Morgan Levine, Trustee Four Winds Trust
owner's Address Polpis Road
when did you acquire Phis property? Applicant is contract purchaser
Has application been filed at Building Department? No
Has any previous appeal been made? No
Section of By -Law or Code from which relief is requested:
139 -18(G) & (I) and 139 -33 (A)
Reason for asking relief:
Applicant desires to convert second floor storage area of 36_0
square feet to retail space and to build second, second floor
egress and exterior stairway. Z__�
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Mar Re
By x LL
ATTACH: (1) A list of the names and addresses o eeacrie buttingoowner
and owner abutting the abutters, and owners within 300 feet.
(2) A check in the amount of $100.00 made payable to the T.'wn
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 .4
Application submitted to Board
Advertising dates
Hearing date(s)
Decision of Board
Decision filed with the Town Clerk _
Applicant's Attorney:
THEODORE L. TILLOTSON, ESQUIRE
SHERBURNE, POWERS & NEEDHAM
18 BROAD STREET
NANTUCKET, MASSACHUSETTS 02554
(61 7) 228 -5400
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List of parties in interest *. e matt of the petition of:
Name Marcia Reubin - Morgan Levine, Trustee Four Winds Trust__
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Address 6 Straight Wharf Street - Unit 2
Property Address same as above
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I certify the foregoing is a list of persons who are owners of 3 .
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abutting the property, owners of land abutting the abutters, o�,•,
Of land directly opposite the ro ert n street or way, {�I
p p Y on any Y. d1
owners of land within 300 feet of the
on the most recent applicable TAX listProperty, all as they apF
Date
Assessor
Town of Nantucket
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4231-027
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PO BOX 2340
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PO BOX 2340
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4231-079
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SPOTSWOOD NJ 0686Q LOT I LC PL 10223-1-)
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PO BOX 2452
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MA 02384 LC PL 37309—A
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ESSOR'S DATA FILE OUPDATED- 11121186
4231-091 NANTUCKET ELECTRIC COMPANY
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[UWH ()F MANT\�C^[` / [DI/
0005 CANDLE ST
NANTUCKET MA 02534 LOT U-2 LC PL 6787-B
EXEMPT
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BK-00215 PG-056 08/27/84
ARf
NANTUCKET
MA 02554
PL 8K 4 PG 45 REF LITTLE GALLERY
4231-176
GAILLARD
GWEN W
0004 SOUTH WATER ST
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;SESSORPS DATA FILE fUPDATED— 11/21/86
4231• 177 MICHAEL SCOTT REALTY CORI''
1.
TOWN OF JIAINITIJ(:KFt
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0002 SOUTH WATA ST-
04-6,
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42311184 NIEBURS ANTON I SERNADINE P 0001 SALEM ST
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171 La
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.............
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M ' W101-115 M 1
1 1..1 1.1-1.1-1-1.. —11 1 . .
1ANTUCKET MA
02554 LC
PL 36769—A
50—
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4231-186
GLANDER REALTY TRUST
0012 MAIN ST
C/U'SYLVIA RS 4.ti I--7F
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42311184 NIEBURS ANTON I SERNADINE P 0001 SALEM ST
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171 La
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