Loading...
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