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Home My WebLink About039-89TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 July 7 9 1989 File No. (039 -89) To: Parties in interest and others Re: Decision in the Application of PRESERVATION INSTITUTE: NANTUCKET, INC. 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) days. William R. Sherman, Chairman cc: Building Commissioner Planning Board Town Clerk ii BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS DECISION: The BOARD OF APPEALS, at a public hearing on FRIDAY, JUNE 23, 1989, at 1:00 P.M., at the Town and County Building, Broad Street, Nantucket., made the following decision upon the Application of PRESERVATION INSTITUTE: NANTUCKET, INC., 11 Center Street, Nantucket, Massachusetts 02554 (039 -89). 1. Applicant requests a Special Permit under Nantucket Zoning By -law Sections 139 -33.A (Alteration in use of existing structures nonconforming as to parking) and 139 -18.A and G (Off- street parking requirements - change of use, core and resident parking permit (jistrict) t_o use the premises as either offices or retail stores upon the express condition that the premises shall not. be used as real estate brokerage offices. The premises are currently used as two retail stores. The premises are located at 15 and 17 Canter Street, Assessor's Parcels 42.3.1 -203.3 and 203.4, Land Court Plan No. 14210 -C -1, Units 4 and 5, and are zoned RESIDENTIAL - C'0MM1? RC I A L 2. The Board's findings are based upon the Application papers, including Land Court Plan No. 14210 -C -1 and floor plans, viewings, and testimony and representations received at the public hearing. 3. The premises consist of two condominium units, both of which are currently used as retail stores. The premises are a part of Sherburne Hall Condominium which contains, in total, seven condominium units. Of these seven condominium units, six (of which two are the premises) are used as retail stores. The seventh unit, which is the largest unit and which is located on the second floor, is the Applicant's classroom, academic offices, and lecture hall. The Applicant is a non - profit, charitable organization which conducts a program on historic preservation each summer in connection with the University of Florida. The Applicant now owns three of the seven condominium units, having sold the other retail units. These three units consist of the premises and the second - floor academic facilities. 4. In Case No. 086 -86, this Board granted the Applicant the Special Permits necessary to repair and rehabilitate the Sherburne Hall Condominium building and to perform necessary structural alterations. This relief was predicated upon there being no change in the nature or intensity of use of the six retail units with direct street access onto Center Street. 5. Applicant proposes to use each of the two units of which the premises consists as either retail stores or offices. No additional spaces or units are being created. Applicant is 46� .11:ng to stipulate that under no condition shall either unit be used as a real estate brokerage office. Applicant would like the ability to change the use of either unit from retail to office and back to retail without necessity of applying to this Board on each occasion for relief. 6. 'rho required parking for a retail store under the By -law is one space for each 200 square feet of gross floor area and one space for each three employees. The required parking for an office is only one space for each 200 square feet of gross floor area. There is no requirement for employee parking for offices. As a result, under the By -law, offices are seen as less intensive uses than retail stores and require less parking spaces. Currently, no parking spaces are provided for the premises, and if the relief requested in this application is granted, no parking spaces will be provided. Under the By -law, the required parking will be the same, if not less, after relief is granted than before. 7. This Board finds that the use of the premises as either offices or retail stores, under the express condition that the premises shall not be used for real estate brokerage offices, and with no parking being provided, will not be substantially more detrimental to the neighborhood than the existing use of the premises as retail stores. This Board further finds that the granting of relief is in harmony with the general purposes and intent of the By -law and that the provision of off - street parking is physically impossible for the Applicant to provide. 8. Accordingly, this Board, by UNANIMOUS vote, hereby grants the requested relief by Special Permit to allow Applicant to use Units, 4 and 5, at 15 and 17 Center Street, as either off ices or retail stores, without providing off - street parking, provided, however, that the premises shall not be used as a real estate brokerage office. Dated: July 7 , 1989 I:JW /80 /FIND Page 2 of 2 -i- 4 NOTICE A Public Bearing of the Board of Appeals will be held on FRIDAY, JUNE T, , 1989, at 1:00 P.M., in the TOWN and COUNTY BUILDING, NANTUCKET, on the Application of PRESERVATION INSTITUTE: NANTUCKET, INC. (� C -89) seeking a SPECIAL PERMIT under By -law Section 139 -33.A (Alteration in use of existing structure nonconforming as to parking) and, to the extent necessary, a SPECIAL PERMIT from By -l=aw Section 139 -18.A •.:r G (Off- street parking requirements - change of use, core and resident parking permit district) , to use the premises as either offices or retail stores upon the express condition that the premises shall not be used as a real estate brokerage office. The premises are currently used as two retail stores. 'I he Premises are located at 15 and 17 Center Street, Assessor's Parcels 42.3.1 -203.3 and 203 .4, Land Court Plan No. 14210 - C -1, Units 4 and 5, and are zoned i:ESIDENTIAL- C0MMERC1AL. William R. Sherman, Chairman NANTUCKET BOARD OF APPEALS .� I June 1, 1989 BoA Form 1 -89 NANTTOOWWNTANDNCOUNTY BUILDINGAPPEALS Date NANTUCKET, MA 02554 CASE No.�2k-g-� APPLICATION FOR RELIEF Owner' s name (s) : Preservation Mailing address: c/o Reade & Alger Professional Corporation, P.O. Box 2669, Nantucket, MA Applicant's name: Preservation Insti.t.ut.e: Nantucket, Inc. Mailing address: Location of lot: Assessor's map and parcel number 4231 -2033 & 2034 Street address: 15 Center Street and 17 Center Street anntu 14210 -Ca 1sachusetts Registry Land Ct Plan, Plan Bk & Pg or Plan File / Condo Certi-ficate, Units 4 and 5 6 Date lot acquired: 025 Deed RefC -5 Zoning district RC Each unit is use as a retail store MC D? No Uses on lot - commercial: XEMac _ xxx - number of: dwellings," duplex NZA apartments N/L rental rooms with rennovati.ons in 1986 & 1987 Building date(s): all pre -8/72 ?Yes 4D; C of O ?yes Building Permit appl'n. Nos. 123 -72, 496 -74, 4862 -86, 5035 -86, & 5447 -87 Case Nos. all BoA applications, lawsuits: BOA Case No. 086 -86 State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what rounds you urge for BoA to make each finding per Section 139 -32A NAif Variance, 139- 30AN /A if a Special Permit (and 139 -33A X if to alter or extend a noncon.ormi)OKIf appeal per 139um2A & B N/A , attach decision or order appealed. Applicant seeks relief under By -law Section 139 -33.A (Alteration in use of existing structure nonconforming as to parking) to use the premises at 15 Center Street and 17 Center Street (Units 4 and 5, respectively, of Sherburne Hall Condominium) as either offices or retail stores, upon the express condition that neither unit shall be used as a real estate brokerage office. Both units are currently used as retail stores. Applicant also requests special permit relief, to the extent necessary, from By -law Sections 139 -18.A and G (Off - street parking requirements - change of use, core and resident parking permit district). Applicants urge that the proposed change from retail to either office or retail use will not be substantially more detrimental than the existing use to the surr(p ing neighborhood. Items enclosed as part of this Application: orderlN /A addendum2N /A Locus maps_ Site plan- showing present X +plann�IdOg sroved ?N Al Floor plans present X proposed N/A elevation s N A ( PP Listings lot are7a5,000#rontage111+ setbacksN /A GCM/A parking dataSee Case 086 -8E Assessor - certified addressee list 4 sets X ma ling cap covenantN A g200 fee payable to Town of Nantucket X proof_ ,record to BoA) 1(If an appeal, ask Town Clerk to send Bldg Com I certify that rquested complete and tr penalties of perjur SIGNATURE: Applicant _N,�L Attorney /agent x_ 3 $arah F. Algery, Attorne y enclose roof of authority) (If not owner or owner's aMrne P