HomeMy WebLinkAbout117-8811-7 -9g
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
January 31, 1989
File No. 117 -88
To: Parties in interest and others
Re: Decision in the Application of:
CHARLES KESSER AND THEO HICKEN, DBA THE INDIA HOUSE
Enclosed is the decision of the Board of Appeals which has this
day been filed with the Nantucket Town Clerk.
An appeal from this decision may be taken pursuant to Section 17
of Chapter 40A, Massachusetts General Laws. Any action appealing
the decision must be brought by filing a complaint in court within
twenty (20) days after this date. Notice of the action with a copy
of the complaint and certified copy of the decision must be given
to the Town Clerk so as to be received within such twenty (20)
nays.
William R. Sherman, Chairman�-
cc: Building Commissioner
Planning Board
Town Clerk
NANTUCKET ZONING
BOARD OF APPEALS
NANTUCKET, MA 02554
At a public hearing on Friday, January 13, 1988, at
1:00 p.m. in the Town and County Building, Nantucket, on
the Application (117 -88) of CHARLES KESSER and THEO
HICKEN, dba the INDIA HOUSE, having an address at Box 576,
Nantucket, MA 02554, the Nantucket zoning Board of Appeals
made the following DECISION:
1. Applicants seek a Special Permit under zoning Bylaw
Sections 139 -33A and 139 -22H to alter and extend their
combined guest house and restaurant use of the premises by
adding an Employer Dormitory on the third floor. An
exterior stairway to the third -floor space will be
constructed to provide the required alternate means of
egress. Relief from the corresponding off - street parking
requirement is sought by Special Permit under Section
139 -18G.
2. The premises are at 37 India Street, Assessor's Parcel
42.3.4 -128, Plan Book 20, Page 12, zoned Residential -Old
Historic.
3. Our findings are based upon the Application papers
including a site plan marked to show location of the
proposed stairway and a partial floor plan showing the
stairway construction (these together being our Exhibit
"A"), viewings, also correspondence and representations
and testimony received at our hearing.
4. Applicants' representation that the India House in its
entirety pre -dated 1972 zoning is uncontraverted. It
constitutes a nonconforming commercial use in a densely
settled residential district. Providing convenient,
affordable housing for key employees is necessary to its
successful continuance. Use of the two third -floor
bedrooms for employee housing was necessarily abandoned
some years ago because the required secondary egress was
lacking. This requirement arises under the Massachusetts
Building Code and concerns safety in case a usual stairway
is block, e.g., by fire.
5. Generally, the provision of employee housing is favored
in the application of the zoning Code. Here, a competing
concern arises, the provision of adequate off - street
parking. None is provided by the India House. The yard
space which might be given over to parking is the site of
an attractive garden and outdoor sitting area. While the
India House has a strong adverse impact upon available
on- street parking in the India Street neighborhood during
File No. 0 -88
its business season, we believe neighborhood objections to
further impact from employee use of the 2 third -floor
rooms can fairly be met by appropriate conditions,
namely:
(1) No more than a total of two employees may occupy
the third floor, and
(2) Neither employee shall obtain or use an on- street
parking permit, whether of the type issued for the Special
Permit Parking District or otherwise.
6. Applicants represent that the employees selected for
the third -floor occupancy will those be carrying serious
operating responsibilities such as chef. In such case,
rowdiness sometimes encountered with employer dormitories
is unlikely here. Neighbors' concerns with undue noise
from kitchen operations have been called to Applicants'
attention but do not, in themselves, militate against
.relief.
7. For the requested relief from having to provide
off - street parking, Section 139 -18G requires that we find
that use of the garden area for such parking would have a
significant and adverse effect on the scenic and historic
integrity of the neighborhood, and we so find. Since the
exterior stairway itself raises significant questions of
adverse aesthetic impact, we further condition relief upon
Applicants first obtaining a Certificate of
Appropriateness from the Historic District Commission for
the stairway construction they propose here.
8. With the conditions stated above, we make the further
necessary finding that the grant of relief will be in
harmony with the general purpose and intent of the zoning
Bylaw.
9. Accordingly, by unanimous vote, this Board grants to
Applicants the requested Special Permit under Sections
139 -18G, -22H and -33A to construct the exterior stairway
in substantial conformity with Exhibit "A" and to provide
an Employer Dormitory in the two - bedroom third -floor
space, subject to the above -noted conditions limiting
occupancy to two India House employees with no on- street
parking permits, and construction only with prior HDC
approval.
Dated January _��,�), 89
P e 1 y William R. Sherman
rt Lei hter lie, 001
Dale W. Waine
- 2 -
BOA Form 1 -87
APPLICATION
NANTUCKET ZONING BOARD OF APPEALS ( "BOA ")
No. i n - -s-- c—
Owner's name(s):
Mailing address:
Applicant's name
Mailing address:
Location of lot(s): Assessor t s map and parcel:2•
Street address Registry LC PL, PL BK & PG, PL FL .(� Lot Deed ref.
Endorsed / /_ ANR?
Subdivision — —
Date lot(s) acquired: Zoning district
Number of dwelling units on lot(s):
phi Rental guest rooms 6eVeV\
Commercial use on lot(s):
IXfa+ Loose, Q Y�10 Cl✓�M� MCD? KO
Building date(s): all pre -'72 zoning? GS or
Building permit application -Nos. and dates
C of 0?
Case No(s). or dates all prior BOA applications: %►_-
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:
Enclosures forming part of this Application: Supplement to above
Site /plot plan(s) with present /proposed structures
Locus map Floor plans present /proposed Appeal record
Needed: areas frontage setbacks GCR% parking data___
Assessor's certified addressee list (4 sets) Mailing labels` (2 -.sets)__
?.ate
Fee check for $.00 payable to Town of Nantucket "Cap' covenant
I certify that the requested information submitted is substantially complete
and true to the best of my knowledge, under pains and penalties of perjury.
Applicant Attorney /agent
Signature: ��1 Li¢•ti �� �-�-* pp