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Home My WebLink About009-88TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 February le, 1988 Re: Decision in the Application of (009 -88) TRUSTEES OF SHERBURNE ASSOCIATION REALTY TRUST Enclosed is a notice of the 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 cc: Building Commissioner Planning Board Town Clerk BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, FEBRUARY 59 1988 at 1:30 p.m. in the Town and "County Building, Nantucket, made the following Decision upon the Application of TRUSTEES OF SHERBURNE ASSOCI- ATES REALTY TRUST (009 -88) address c/o Reade and Alger, Box 2669, Nantucket, MA 02584. 1. Applicant seeks a SPECIAL PERMIT pursuant to Zoning By -Law SEC- TION 139 -33A to alter a pre- existing, non - conforming commercial building and use, formerly the single Emporium retail store as leasee, to become two first -floor retail stores and a second -floor retail store or office. The basement is to remain in use for storage ancillary to such retail use. The premises are located at 34 MAIN STREET, Assessor's Parcel 42.3.1- 218, zoned RESIDENTIAL - COMMERCIAL. 2. Our findings are based upon the Application papers including existing first and second -floor plans, viewing, and testimony and repre- sentations at our hearing. 3. A history of commercial uses prior to and continuing after mid -1972 zoning was recounted. It supports our finding that the Emporium use is governed by the "grandfathering" provisions of Section 139 -33A. (Prior uses are reported in an article on the proposed Emporium conver- sion in the 2/11/88 Inquirer and Mirror.) 4. The Emporium use is non - conforming as to lot area (4520 SF, not 5000 SF), setbacks and GCR (here, nearly 100 %), lack of off - loading area and particularly lack of the required off - street parking spaces. For conformity, we are told that 36 spaces are required. This is derived from the following schedule: First floor Second floor Peak -shift employees 3684 SF ................ 2835 SF ................ 12 ................ 18 spaces 14 spaces 4 spaces 36 (009 -88) -2- 5. If Applicant were seeking a Building Permit for 4000 SF or more of interior space or were enlarging the building in the manner referred to in Section 139 -18A, not this Board but the Planning Board would have jurisdiction for the Special Permit relief. We understand, however, that only a conversion of use is Droposed, with any Building Permit at most to concern limited aced- r&a+- 1L,LZ3XZY to delineate the two first -floor retail stores. 6. No opposition was heard, and the Planning Board's recommendation was favorable. In keeping with our precedents, we impose the following three conditions upon relief: (1) only one establishment (retail or office) on the second - floor and, similarly, no more than two establishments on the first floor, and (2) no food establishment and no real - estate office use in the building; (3) uses of the building shall not require a total of more than 36 off - street parking spaces per Section 139 -18. 7. In imposing these conditions, we seek a fair balance between Applicant's legitimate interest in a fair return from its ownership of the premises and, on the other hand, the necessity to avoid worsening parking and traffic problems at this critical location on Main Street. The trend is widely observed toward increased numbers of vehicles, trips into the core district and demand for the limited on- street parking spaces in-the area. A food establishment is viewed as a "magnet" for trips to a location, while real estate offices here are dependent on agents' cars being nearby for viewing property. Our understanding is that Applicant accepts the balance struck. 8. With the foregoing conditions, we make the required finding that the requested relief for such uses is in harmony with the general purpose and intent of the zoning Chapter 139. 9. Accordingly, by UNANIMOUS vote this Board GRANTS to Applicant the requested SPECIAL PERMIT under SECTION 139 -33A for conversion `(009 -88) -3- to the proposed uses, subject to the conditions noted above. Dated: February 1� , 1988 Nantucket, MA 02554 / William R. Sherman Andrew J. Leddy, Jr. i z2/ Dorothy Vollans 0 wT eN m r i-. — �u?- fe) A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, F "rvaY�5', 1988, at 1:30 P.M. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of the Trustees of SHERBURNE ASSOCIATES REALTY TRUST (009 -88), seeking a Special Permit under Zoning By -Law SECTION 139 -18.G (Off- Street Parking Requirements in Core and Resident Parking Permit District) and a Variance from SECTION 139 -19 (Off- Street Loading Facilities), to enable conversion of a building containing one retail store n into three separate retail establishments, without expanding or structurally altering the existing structure and without providing any parking or loading facilities. The premises are located at 34 MAIN STREET (Assessor's Parcel 42.3.1 -218), and are zoned RESIDENTIAL- COMMERCIAL. L William R. Sherman, Chairman BOARD OF APPEALS "rsOA Form 1 -87 APPLICATION NANTUCKET ZONING BOARD OF APPEALS ( "BOA ") No.Od (- l� Owner's name(s): Trustees of Sherburne Associates Realty Trust Mailing address: c/o Reade & Alger PC, P. 0. Box 2669, Nantucket, MA 02584 Applicant's name Mailing address: Location of lot(s): Assessor's map and parcel: 42.3.1 -218 Street address 34 Main Street Registry LC PL, PL BK & PG, PL FL None Lot -- Deed ref. Subdivision No Endorsed -- /_ /_ ANR? -- Date lot(s) acquired: _ /_ /_ Zoning district Residential- Commercial Number of dwelling units on lot(s): None Rental guest rooms None Commercial use on lot(s): Retail stores MCD? Not applicable Building date(s): all pre -072 zoning? Yes or Building permit application Nos. and dates C of 0? Case No(s), or dates all prior BOA applications: None. State fully all zoning relief sought together with all respective Code sections and subsections, specifically, what you propose compared with present and what grounds you urge, for BOA to make each finding per Section 139 -32A if Variance, -30A if Special Permit, -33A if to alter or extend non - conforming use, or to reverse Building Inspector by;Appeal per -31A & B: Applicants request relief by Special Permit under Zoning By -Law Section 139 -18.G (Off - Street Parking Requirements), and by Variance from Section 139 -19 (Off - Street Loading Facilities), to enable conversion of their two -story retail building, now containing one retail establish- ment, into three separate retail establishments. The existing building covers virtually 100% of the lot, and no parking spaces nor loading facilities can be provided. No expansion or structural alteration of the existing structures is to be made. Enclosures forming part of this Application: Supplement to above Site /plot plan(s) X with present /proposed structures X Locus map Floor plans present /proposed X Appeal.record Needed: areas frontage setbacks GCR% parking data Assessor's certified addressee list (4 sets) X Mailing •labels)(2 "•.sets) X Fee check for $150.00 payable to Town of Nantucket X "Cap" covenant I certify that the requested information submitted is substantially complete and true to e best of m 9k�now.e ge, under pains and penalties of perjury.; Signature: �• G lXj Applicant Attorney /agent �S- (If not owner, show basis for authority,-.toapply :) FOR OFFICE USE /, / Application copies received: 4 (or only' BOA / by aA One copy given Town Clerk L/ / by Complete? (/ One copy sent to Planning Board and to Bui�l�d/ing Dept. by (�%O $150.00 check given Town Treas er// a'6l >y Notices of hearing posted / / mailed � /�/ published �/ ��/ Ilearing(s) held on _ /_ /_ continued to _ /_ / _ /_ /_ withdrawn? Decision made _ /_ /_ filed with Town Clerk _ /_ /_ mailed See related files: application - litigation - other