HomeMy WebLinkAbout006-90/Cl�� - g�
Form 3 -89
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
-e-6Na
-/, 19 90
To: Parties in interest and others
concerned with the decision of the
Board of Appeals in Application No. 006 -aL
of: Theodore L. Tillotson, trustee of 48 Center Street Realty Trust
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 day's 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.
r
Willi Am R. Sherman, Chairman
cc: Town Clerk
Planning Board
Building Commissioner
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
DECISION:
In the matter of the Application of Theodore L. Tillotson, Trustee
of 48 Center Street Realty Trust (006 -90) at a public hearing of the
Board of Appeals held at 1:00 p.m. on January 19, 1990 at the Town and
County Building, Nantucket, the Board enters the following Decision and
makes the following findings:
1. This is. an application for a Special Permit under Section
139 -33A to alter a pre- existing nonconforming use and under Section
139 -18G for Core District relief from the parking requirements set forth
in Section 139 -18I and for a Variance from Section 139- 9A(15) under Section
139 -32A. If granted, the Applicant would be permitted to convert an exist-
ing building, currently used as a guest house and an apartment,to a mixed
use of retail space, apartments and guest rooms, notwithstanding that the
premises are nonconforming as to lot size, sideline setback, loading,
ground cover and parking; and with respect to the requested variance, to
retain a first floor kitchen for the amenity and convenience of the operator
of the retail space. The premises are situated at 48 Center Street, are
shown as Parcel 001 on Assessor's Map 42.3.1 and are zoned as Residential -
Commercial.
2. The Board's findings are based upon the application and accompany-
ing documents, including the locus map, site plan and floor plans (our
Exhibit "A" attached), testimony and representations submitted at the
public hearing.
3. We find that the premises consist of a lot on which is situated
a guest house (the "White House ") with third- floor apartment. No space is
available for off - street parking.
4. Applicant proposes to convert a horfion of th(- first floor of
the premises to approximately 990 square feet of retail space for the sale
ut art and antiques and to croiil-o n ycrnr- round - ijmr1-m� nt- on 1 -ho .(�rond
floor by converting all but two of the existing guest rooms. One of those
two rooms is for use by it .resident- manager who will gat his meals off -
premises. The kitchen on the first: floor would be retained solely for the
amenity and convenience of other employees (total numh;�r of employees
not to exceed 4) ancillary to the retail use. The uninsulated third floor
apartment would be retained. Also, a utility room will be kept, but the
"tree room" at the rear will be removed for more open area and better
separation from nearby structures. The proposed retail space would house
a single establishment dealing in the sale of art and antiques or another
retail business of similar low impact. The proposed renovations would
provide structural improvements in the premises, and its fire alarm system
would be improved. The rated occupancy will be reduced from 20.
(006 -90)
-2-
5. The proposed uses of the premises are all permitted under the
Zoning By -Law.
6. By our computation, the required number of parking spaces for the
proposed use as set forth above will not exceed eleven (11) (i.e., retail -
six spaces, two guest rooms -three spaces, and two apartments -two spaces).
We find that provision of such parking is physically impossible.
7. No objections to the application were presentd at the public
hearing except that two persons appeared and stated their concerns with
impact on parking. The Planning Board's favorable recommendation was
subject to two of the conditions set forth below. The Center Street Associ-
ation submitted a letter expressing support for the granting of the request-
ed relief.
8. This Board finds that with imposition of the conditions stated
below, the grant of the requested relief is in harmony with the general
purposes and intent of the By -Law; however,tvc retention of the first
floor kitchen for use ancillary to the retail establishment requires
no Variance relief. Since no Variance is needed and the necessary findings
could not be made in any event, the requested Variance relief is DENIED.
9. The relief granted hereby is expressly upon the following
conditions:
(a) The premises' first floor shall be reconfigured to accommo-
date a single retail establishment of approximately 990 SF with an ancil-
lary utility room and kitchen.
(b) The premises' second floor shall be reconfigured to contain
a two - bedroom year -round apartment, also two guest rooms, one of which
is to be used as am accommodation for the manager of the retail establishment.
(c) The premises' third floor shall continue to consist of
the existing apartment.
(d) The first -floor kitchen shall be used solely as an amenity
and convenience for those retail employees who reside oLt- premises, and
not in a manner ancillary to a residential use of the premises.
(e) The retail space on the first floor shall be operated by a
single establishment dealing in art and anLiques or another relait business
of comparably low impact upon parking, deliveries and traffic.
10. For the reasons and upon thn conditions set forth herein, the
rinard of Appeals hereby GRANTS the Applicant's request for SPECIAL PI:RMT`I'
rcl i.nf pursuant to tho Rnni nq tly -Law, Nanl-nckol- C odo Sort i nns 1 19 - 31A
(to alter the existing uses as noted above) and Section 139 -18A (without
having to meet the off- strool- perking roquiromonts For 1-ho rhnngod usos),
by a UNANIMOUS vote.
-(006-90)
-3-
Dated: February 7 , 1990
r
William1 R/. hernia
/bav 9e t9
4il O'Mara
Robert J. Leichter
(jqo
Telefax
(508) 228 -1349
Board of Appeals
Town of Nantucket
Nantucket, MA 02554
Andrew J. Ledd7, Jr.
Attorney at Law
Cliff ioad at Kings, Way
P 0. Box 778
Nantuchet, Massachusetts 02554
Dear Members of the Board
17r
i�
Telephone
(508) 228 -5690
March 7th, 1990
re: Theodore L. Tillotson, Trustee
Application No. 006 -90
I have noticed that there is a typographical error in the last
line of page one (1) in the above- referenced case, where the text
reads "The rated occupancy will be reduced from 20 ". The current
rated occupancy is twenty -eight (28), as is shown on the attached
copy of the 1989 Inspection Certificate.
Would the Board please issue a correction in recordable form
of this error so that the record may be kept clear.
Yours truly
i
Andrew J. Leddy, Jr.
^�ekdv�o-J�l��Iq�DJj}� FdA
Form 5 -89
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
March 19 11 19 '90
To: Parties in interest and others
concerned with the decision of the
Board of Appeals in Application No. 006- 90
Of: Theodore L. Tillotson, Trustee of 48 Center Street Realty Trust
Enclosed is the decision of the Board of Appeals which has
this day been filed with the Nantucket Town Clerk. This
decision [provides a clarification and not a modification
- or - authorizes a Temporary Permit under zoning Bylaw
Section 139 -26H].
win-lam R. Sherman, Chairman
cc: Town Clerk
Planning Board
Building Commissioner
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
DECISION:'
In the matter of the Application of Theodore L. Tillotson, Trustee
of 48 Center Street Realty Trust (006 -90) at a public hearing of the
Board of Appeals held at 1:00 p.m. on January 19, 1990 at the Town and
County Building, Nantucket, the Board enters the following Decision and
makes the following findings:
1. This is. an application for a Special Permit under Section
139 -33A to alter a pre- existing nonconforming use and under Section
139 -18G for Core District relief from the parking requirements set forth
in Section 139 -181 and for a Variance from Section 139- 9A(15) under Section
139 -32A. If granted, the Applicant would be permitted to convert an exist-
ing building, currently used as a guest house and an apartment�to a mixed
use of retail space, apartments and guest rooms, notwithstanding that the
premises are nonconforming as to lot size, sideline setback, loading,
ground cover and parking; and with respect to the requested variance, to
retain a first floor kitchen for the amenity and convenience of the operator
of the retail space. The premises are situated at 48 Center Street, are
shown as Parcel 001 on Assessor's Map 42.3.1 and are zoned as Residential -
Commercial.
2. The Board's findings are based upon the application and accompany-
ing documents, including the locus map, site plan and floor plans (our
Exhibit "A" attached), testimony and representations submitted at the
public hearing.
3. We find that the premises consist of a lot on which is situated
a guest house (the "White House ") with third -floor apartment. No space is
available for off - street parking.
4. Applicant proposes to convert a portion of the first floor of
the premises to approximately 990 square feet of retail space for the sale
of art and antiques and to create a year -round apartment on the second
floor by converting all but two of the existing guest rooms. One of those
two rooms is for use by a resident manager who will get his meals off -
premises. The kitchen on the first floor would be retained solely for the
amenity and convenience of other employees (total number of employees
not to exceed 4) ancillary to the retail use. The uninsu.lated third floor
apartment would be retained. Also, a utility room will be kept, but the
"tree room" at the rear will be removed for more open area and better
separation from nearby structures. The proposed retail space would house
a single establishment dealing in the sale of art and antiques or another
retail business of similar low impact. The proposed renovations would
provide structural improvements in the premises, and its fire a arm system
would be improved. The rated occupancy will be reduced from
l
GY'd �r
(006 -90)
-2-
5. The proposed uses of the premises are all permitted under the
Zoning By -Law.
6. By our computation, the required number of parking spaces for the
proposed use as set forth above will not exceed eleven (11) (i.e., retail -
six spaces, two guest rooms -three spaces, and two apartments -two spaces).
We find that provision of such parking is physically impossible.
7. No objections to the application were presentd at the public
hearing except that two persons appeared and stated their concerns with
impact on parking. The Planning Board's favorable recommendation was
subject to two of the conditions set forth below. The Center Street Associ-
ation submitted a letter expressing support for the granting of the request-
ed relief.
8. This Board finds that with imposition of the conditions stated
below, the grant of the requested relief is in harmony with the general
purposes and intent of the By -Law; however,fllc retention of the first
floor kitchen for use ancillary to the retail establishment requires
no Variance relief. Since no Variance is needed and the necessary findings
could not be made in any event, the requested Variance relief is DENIED.
9. The relief granted hereby is expressly upon the following
conditions:
(a) The premises' first floor shall be reconfigured to accommo-
date a single retail establishment of approximately 990 SF with an ancil-
lary utility room and kitchen.
(b) The premises' second floor shall be reconfigured to contain
a two - bedroom year -round apartment, also two guest rooms, one of which
is to be used as am accommodation for the manager of the retail establishment.
(c) The premises' third floor shall continue to consist of
the existing apartment.
(d) The first -floor kitchen shall be used solely as an amenity
and convenience for those retail employees who reside off - premises, and
not in a manner ancillary to a residential use of the premises.
(e) The retail space on the first floor shall be operateO by a
single establishment dealing in art and antiques or another retail business
of comparably low impact upon parking, deliveries and traffic.
10. For the reasons and upon the conditions set forth herein, the
Board of Appeals hereby GRANTS the Applicant's request for SPECIAL PERMIT
relief pursuant to the Zoning By -Law, Nantucket Code Sections 139 -33A
(to alter the existing uses as noted above) and Section 139 -18A (without
having to meet the off - street parking requirements for the changed uses),
by a UNANIMOUS vote.
(006 -90)
Dated: February 7 , 1990
J
✓i `r.'J
-3-
William R. Sherma
,bDay.i egge
m 1 O'Mara
Robert J. Leichter
4. So
BUILDING DEPARTMENT
TOWN BUILDING ANNEX
2 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
Telephone 228 -6800 ext. 230
COMMONWEALTH OF MASSACHUSETTS
TOWN OF NANTUCKET
APPLICATION FOR CERTIFICATE OF INSPECTION
BUILDING DEPARTMENT
TOWN BUILDING ANNEX, 2 EAST CHESTNUT STREET
NANTUCKET, MA 02554
(508) 228 -7222
0
3'
Business Name: White House
Street Address: 48 Center Street
Record Owner of Building:
Address: 48 Center Street LA`d cav,_k -qe <-4, 2 � �`� City: Nantucket
State: Ma VhAe-k Fr-96(c--- Zip: 02554
Map & Parcel: 42.31 s Phone: 228 -0405
nRT— i- _ifinate Issued To: The White House
.1-a 7- ?9
Date Fee Paid: # _
License Type: Lodging House
License #: 99 -88
Use las : R -1
of Occupants:
Floor:
Third Floor: 7
Restrictions: None
Restrictionsl:
Restrictions2:
date inspected
Mailing Address: 48 Center Street
City & St: &City Fee: $51.00
Certificate #: 120 -88
Annual - Seasonal: $ R
Date Lic Paid: 01- Mar -88
No. of Rooms: 9
Lower Floor: 0
Second Floor: :L2
INSTRUCTIONS
1. Make check payable to: Town of Nantucket
2. Note any changes or corrections directly on this page.
3. Return this application with your check to: Building Department,
Town Building Annex, 2 East Chestnut Street, Nantucket, MA 02554
PLEASE NOTE:
1. The building commissioner shall be notified within 10 days of any
change in the above information.
2. Application form with accompanying fee must be submitted for each
building or structure or part thereof to be certified.
3. Application and fee must be received before the certificate will be
issued.
COMMONWEALTH OF MASSACHUSETTS
TOWN OF NANTUCKET
NANTUCKET ZONING
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
December 29, 1989
NOTICE
A public hearing of the Board of Appeals will be held on Friday, January 19th, 1990 at 1:00
P.M. in the Town and County Buildings, Nantucket, on the Application of THEODORE L.
TILLOTSON, Trustee of 48 Center Street Realty Trust, Board of Appeals File No. O ° I' 9
seeking a SPECIAL PERMIT under Section 139 -33A to alter a preexisting non - conforming use
and under Section 139 -18(G) for Core District relief from the parking requirements sit forth in
Section 139- 18(I). The Premises are currently used as a Guest House (8 Rooms) plus an
Apartment. The Premises are non - conforming as to lot size, sideline setback, loading, ground
cover and parking, but such non - conformity is said to predate the enactment of the Zoning By-
Law. The requested relief would permit the conversion of part of the first floor to approximately
990 square feet of retail space for the sale of art and antiques, and the creation of an apartment
on the second floor by converting existing second floor guest rooms. The current use would re-
quire 6 parking spaces but has none, and the proposed uses would require 11 parking spaces
under the provisions of Section 139- 18(I). Two (2) existing guest rooms ( one reserved for use
by the manager) on the second floor and one (1) third floor apartment would remain as they are.
A VARIANCE from Section 139- 9(A)(15) is also sought under Section 139 -32(A) to permit
the retention of an existing first- floor kitchen for employee convenience.
The Premises are at 48 Center Street, Nantucket, Massachusetts, Assessor's Map No. 4.2.3.1,
Parcel 001. For Deed description see deed at Book 295, Page 112 at the Nantucket Registry of
Deeds. The Premises are zoned Residential - Commercial.
William R. Sherman, Chairman
` BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS 12/D2a9 e89
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554 CASE No. -��
APPLICATION FOR RELIEF
Owner's name(s): Theodore L Tillotson, Trustee
Mailing address: one F eednm S4na -e The (` mmnnc Nan+„ ,]r + A nncrA
Applicant's name: same
Mailing address: same
Location of lot: Assessor's map and parcel number 4 -i-2-1 nnJ
Street address: 48 Center Street
Registry Land Ct Plan, Plan Bk & Pg or Plan File NONE Lot
Date lot acquired: _j/1,8/g$ Deed Ref 295,t13 Zoning district Tn_r
Uses on lot - commercial: None _ or Guest House MCD ?_
- number of: dwellings_ duplex_ apartments, rental rooms_$
Building date(s): all pre -8/72? Yes or C of O? No
Building Permit appl'n. Nos.
Case Nos. all BOA applications, lawsuits:see BOA 033 -88
State fully all zoning relief sought and respective Code sections
and subsections, specifically what you propose compared to present
and what grounds you urge for BOA to make each finding per Section
139 -32A xx if Variance, 139 -30A if a Special Permit (and 139 -33A
xxif to alter or extend a nonconforming use). If appeal per 139 -3j�A
&& B , attach decision or order appealed. OK to attach addendum .
Applicant seeks to convert an 8 room guest house with apartment into
approximately 990 sq. ft. first floor retail space, retaining existing
kitchen, &a second floor apartment ( retaining 2 guest rooms). The existing
third floor apartment would be unchanged.
Items enclosed as part of this Application: orderl addendum2
Locus map xx Site plan xx showing present2 , +planned structures
Flor plans present proposed, elevations (HDapproved?—)
Listings lot area 07A-frontage 45 setbacks 0 GCR,Bj_ parking data none
Assessor- certifieT—acldressee Mist 4 sets mailing labels 2 sets_
1200 fee payable to Town of Nantucket proof 'cap' covenant
(If an appeal, ask Town Clerk to senT Bldg Comr record to BoA.)
I certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and
penalties of perjury.
SIGNATURE: r/ YLa✓ t Applicant Attorney /agent xx
3(If not owner or owner's attorney, enclose proof of authority)
FOR BOA OFFICE USE
Application copies recd: 4_ or for BOA on__/___/_ by
One copy filed with Town Clerk on___/__/_ by complete ?_
One copy each to Planning Bd and Building Dept_/_ by
$200 fee check given Town Treasurer on--J--J_ by waived ?_
Hearing notice posted _/__f_ mailed_/_ I & M--/--/_, —J-1-
Hearing(s) one_/_ cont'd to _/_J_, _/_/— withdrawn ?__/__J_
Decision due by_/_/_ made _j__/_ filed TC__/_/_ mailed__J__/_
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