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HomeMy WebLinkAbout147-86I I . 14 r-7 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. r- f 1 L 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. .......:'z --. rtnnsz�nw,�r -- ....E p.�m.- _.... ._..... zr�• .... - ...-.n (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 t 3 e 7 i %'4 � 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__� S1 natt r of`7 li 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 r W N 5 E 1�� l�oCK WIDE+, g'( pIA ( PRIVATE °off NO .NI Ilk 4' N�g�RNE AIh 5005 ice" I RN LAND SURVEYOR DATE Tv�y IC, i7x( NER BOY G RT�� r77`US 6 FRUL�J.Y A[C ELY DEPICTS 714E LAYOUT• LOCATION, UNIT NUMBER AND DIMEN5I0W50FLWT1'NUMBFR IA-t3OFTHE6 S7RA14/T WMWCO OOMUJIUM AS BUILT. HNJ. VI REG. '• D SLRVE VEYAR 1ya ,�* `r OI •W 4 i3y� Ob WNP� Gj� �G� NOIE: OFFSETS TANENWOMER BMDS Y• UP ASSESSORS MAP 423.9 HIM 136 SLEET 10F3 SHEETS r — 9 EE r7 Z u L � r ?o Z Y J I r s � I .i# V J 4 S •F i- 9 Q 3� a �l ._, i— it I a G • � �� � �� I ' m z s TO%.' OF KET 13C' BOART )F -vPI�EA.LS List of parties in interest *. e matt of the petition of: Name Marcia Reubin - Morgan Levine, Trustee Four Winds Trust__ 1 Address 6 Straight Wharf Street - Unit 2 Property Address same as above 11 aI I certify the foregoing is a list of persons who are owners of 3 . i 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 i' I ( "ARI"EA— {'aAT'E I& 1..l.{J[i i°' R(11"'ERTY OE M; ANY,. ! i � � .� ... oU— cif' M .ice_. 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P TH HH��F 4231-079 SHERBURNE ASSOCIAT0 ; r/n ADUITAINE PROPERTY l' QKK F 000c EASV S) PA 19355 IC PC 36708-(-1 BROOKVIEW TERR APT lb.) 789 MAIN ST CERT-0007902 OT/ 77 SPOTSWOOD NJ 0686Q LOT I LC PL 10223-1-) Ef Must .... .... .... .... . .... .. . .... .. ..... ........ ........ ........ . ..... ...... ......... .................. .... .. .... .... .... .... .... M" A* -F -R -M -A -N -H -F -K {: -'%t W -I -L -S -0 t-,! --------- (..,0:!.() 110(:K *CHANGED PO BOX 2452 Wi:a,,JTI lrl<l::*T• BK—OOi7b PG-300 10/ /90 MA 02384 LC PL 37309—A ---------------------------------------------------------------------------- 47AI—ORA NANTUCKFT ISLAND r=UCTS CO XNC 0020 9TRAIGHT W•AR' ' ' / ^ ESSOR'S DATA FILE OUPDATED- 11121186 4231-091 NANTUCKET ELECTRIC COMPANY / `� C7 - 8 [UWH ()F MANT\�C^[` / [DI/ 0005 CANDLE ST NANTUCKET MA 02534 LOT U-2 LC PL 6787-B EXEMPT ' *CHANGED 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 -` ;SESSORPS DATA FILE fUPDATED— 11/21/86 4231• 177 MICHAEL SCOTT REALTY CORI'' 1. TOWN OF JIAINITIJ(:KFt ,/ � 1 0002 SOUTH WATA ST- 04-6, NA I ME! Io ----------------------- ---------------------------------- ----------------------------------------------------------------------------- 42311184 NIEBURS ANTON I SERNADINE P 0001 SALEM ST ®r 171 La . . . . . . . . . . . . . . . . . . . . . . . . . ............. .................. M ' W101-115 M 1 1 1..1 1.1-1.1-1-1.. —11 1 . . 1ANTUCKET MA 02554 LC PL 36769—A 50— Ong 4231-186 GLANDER REALTY TRUST 0012 MAIN ST C/U'SYLVIA RS 4.ti I--7F TRS ----------------------------------------------------------------------------- 42311184 NIEBURS ANTON I SERNADINE P 0001 SALEM ST ®r 171 La . . . . . . . . . . . . . . . . . . . . . . . . . ............. ..................