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Home My WebLink About024-91TOWN OF NANTUCKET BOARD OF APPEALS Nantucket, Mass. 02554 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. 024 -91 Owner /Applicant: THE SHIP'S INN - NANTUCKET LIMITED PARTNERSHIP Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of 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 a certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. Date: 1 2 j I L-Z Robert J —LE ichter, airman cc: Town Clerk Planning Board Building Commissioner TOWN OF NANTUCKET BOARD -OF APPEALS NANTUCKET, MASSACHUSETTS 02554 DECISION Map 42.3.2 Parcel 64 Resident Old Historic 13 Fair Street, Plan File 40 -G At a Public Hearing of the Zoning Board of Appeals held on April 26, 1991 at 1:00 P.M. in the Town and County Building, Nantucket, on the application of the Ship's Inn - Nantucket Limited Partnership, Application Number 024 -91, address c/o Theodore L. Tillotson, P.C., P.O. Box 1389, Nantucket, Massachusetts, 02554, the Zoning Board of Appeals made the following decision: 1. Applicant seeks a SPECIAL PERMIT under SECTION 139 -33A of the Zoning By -Law to alter the Inn on the premises by adding a second stairway access to the fourth floor of the existing Inn to permit the use of four existing bedrooms on the fourth floor for employees of the Inn and /or the restaurant located within the Inn. Applicant also seeks a SPECIAL PERMIT under SECTION 139 -30A seeking relief from the parking requirements of SECTION 139 -18(D) as permitted by SECTION 139- 18(B). 2. The Board's decision is based upon the application and papers and documents filed therewith, the evidence, oral and documentary, presented at the hearing, letters from abutters and a favorable recommendation from the Planning Board. 3. The applicant's evidence showed that the building predates zoning and that the four rooms on the fourth floor, which are presently not in use due to no second egress, have existed for as long as the building has existed. By permitting an additional stairway access to the fourth floor, applicants will then be able to use the four bedrooms for employee housing. 4. The Board finds that: i) the use of the premises as an inn and restaurant is a pre- existing non - conforming use; ii) the proposed construction of a second stairway to the fourth floor is not substantially more detrimental to the neighborhood than the existing use; and iii) relief from the parking requirements is in harmony with the general purpose and intent of the by -law and provision of additional off - street parking is physically impossible. 5. Based upon the findings,.the Board by UNANIMOUS VOTE, grants the Special Permits requested under Sections 139 -33A and 139- 18'(B)(2) to allow the alteration of a pre- existing non - conforming use as requested upon the condition that: a) the rooms on the fourth floor will be used for employee housing for the employees of the Inn /Restaurant. Dated: ' #VrvC— 1— 1991 Dale W. Waine owa Kate Mit hell TOWN OF NANTUCKET BOARD "OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Map 42.3.2 Parcel 64 Resident Old Historic DECISION lJ� S iSsu 13 Fair Street, Plan File 40 -G At a Public Hearing of the Zoning Board of Appeals held on April 26, 1991 at 1:00 P.M. in the Town and County Building, Nantucket, on the application of the Ship's Inn - Nantucket Limited Partnership, Application Number 024 -91, address c/o Theodore L. Tillotson, P.C., P.O. Box 1389, Nantucket, Massachusetts, 02554, the Zoning Board of Appeals made the following decision: 1. Applicant seeks a SPECIAL PERMIT under SECTION 139 -33A of the Zoning By -Law to alter the Inn on the premises by adding a second stairway access to the fourth floor of the existing Inn to permit the use of four existing bedrooms on the fourth floor for .employees of the Inn and /or the restaurant located within the Inn. Applicant also seeks a SPECIAL PERMIT under SECTION 139 -30A seeking relief from the parking requirements of SECTION 139 -18(D) as permitted by SECTION 139- 18(B). 2. The Board's decision is based upon the application and papers and documents filed therewith, the evidence, oral and documentary, presented at the hearing, letters from abutters and a favorable recommendation from the Planning Board. 3. The applicant's evidence showed that the building predates zoning and that the four rooms on the fourth floor, which are presently not in use due to no second egress, have existed for as long as the building has existed. By permitting an additional stairway access to the fourth floor, applicants will then be able to use the four bedrooms for employee housing. 4. The Board finds that: i) the use of the premises as an inn and restaurant is a pre- existing non - conforming use; ii) the proposed construction of a second stairway to the fourth floor is not substantially more detrimental to the neighborhood than the existing use; and iii) relief from the parking requirements is in harmony with the general purpose and intent of the by -law and provision of additional off - street parking is physically impossible. ?- —11 5. Based upon the findings,.the Board by UNANIMOUS VOTE, grants the Special Permits requested under Sections 139 -33A and 139- 18(B)(2) to allow the alteration of a pre- existing non - conforming use as requested upon the condition that: a) the rooms on the fourth floor will be used for employee housing for the employees of the Inn /Restaurant. Dated: 71(X�C_ IF— 1991 Dale W. Waine Kate Mi.t hell `l z I CERTIFr' TH;1 10 DAYS HAVE EUi _. AFTER THE DECISION WAS F i.ED I` 'i' r OFFICE OF [OWN CLE11K, Ar, THAT f+l�APPI�L� PEf ,�vkfA�`J�T�ENERAL LAWS 40 A, SEC-1 J (moo Gi2Qit- fO WN CLERK 0(_6bcr 30% 0 .1'� 4-t� ci u COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. *** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * EDWARD FOLEY VAUGHAN * V. * * NANTUCKET BOARD OF APPEALS AND THE SHIP'S INN - NANTUCKET LIMITED PARTNERSHIP * *** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT C.A. NO. 91 -55 STIPULATION OF DISMISSAL The parties in the above - captioned action stipulate that said action may be dismissed, with prejudice, without costs to any party, all parties waiving all rights of appeal. EDWARD FOLEY VAUGHAN F. Vaugh*, Esquire BBO N Vaughan, Dale & Philbrick Whaler's Lane Nantucket, MA (508) 228 -4455 NANTUCKET BOARD OF APPEALS Michael Ridulfo, Es ui 6J BBO# Deutsch, Williams, Brooks, DeRensis, Holland & Drachman, P.C. 99 Summer Street Boston, MA 0211 (617) 951 -2300 fFILED May , 1992 JUL -- 2 1992 NANTUCKE "i}. COURT C1, INN- ANT KET �THEI#PP'S IM D ARTNER IP By: ' T eodore L. Tillotson, Esq.', B 0# 498420 One Freedom Square P.O. Box 1530 Nantucket, MA 02554 (508) 228 -5400 NANTUCKET SUPERIOR COURT A TRUE COPY, CERTIFIED �92 ;J •- LER✓ �9 ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held at 1:00 P.M., Friday, April 26, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: THE SHIP'S INN - NANTUCKET LIMITED PARTNERSHIP Board of Appeals File No. 024 -91 Applicant seeks a Special Permit under Sections 139- 7D(5)and 139 -33A of the Zoning Bylaw to alter or extend a structure said to be a pre- existing nonconforming structure. Applicant intends to add an exterior stairway for access to the fourth floor of the existing guest house to permit use of the four existing bedrooms as either rental rooms or for employees. There will no increase in ground cover. In addition, Applicant requests relief by Special Permit from the parking requirements of Section 138 -18D under the provisions of Section 139 -18B and 139 -30A. The premises are located at 13 FAIR STREET, Assessor's Map 42.3.2, parcel 64. The property is zoned ROH. /ice Y � Linda F. '11jar.s, Vice Chairman► t BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 APPLICATION FOR RELIEF April 4, 1991 Date CASE No.oay- Owner's name (s)• THE SHIP'S INN - NANTUCKET LIMITED PARTNERSHIP Mailing address: c/o THEODORE L TILLOTSON, P.C. P O BOX 1.389" NANTUCKET, MA 02554 Applicant's name: SAME Mailing address: Location of lot: Assessor's map and parcel number Street address: 13 FAIR STREET - 42.3.2 -64 Registry Land Ct Plan, Plan Bk & Pg or Plan File N/A Lot N/A Book 360, ROH Date lot acquired: 2j� 91 Deed Ref pg,203 Zoning district Uses on lot - commercial: None _ or Guest House & Restaurant MCD? No. - number of: dwellings duplex apartments rental rooms 14 Building date(s): all pre -8/72? Yes or Building Permit appl'n. Nos. N/A Case Nos. all BoA applications, lawsuits: N/A C of O? N/A 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 if Variance, 139 -30A X if a Special Permit (and 139 -3311 X if to alter or extend a nonconforming use). If appeal per 139 -3 A -&-B , attach decision or order appealed. OK to attach addendum . Applicant seeks permission to add exterior stairway access to fourth floor of existing guest house to permit the use of the four existing bedrooms on the fourth floor as either rental rooms or rooms for employees of the restaurant /guest house. Said permission requires the issuance of a spec ial permit for the alteration or change of an existing prior - existing non - conforming use (139 -33A) and a Special Permit (139 -30A) in connection with relief from the parking requirements of 139 -18(D) as permitted by Section 139- 18(B). 5� Items enclosed as part of this Application: orderl addendum2 Locus map Site plan showing present +planned structures Floor plans present proposed elevations (HDC approved ?_) Listings lot area frontage setbacks GCR parking data Assessor- certified addressee si t 4 sets majl ni g labels 2 sets_ 200 fee payable to Town of Nantucket proof 'cap' covenant (If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.) ZkI certify tha reque ted i formation submitted is substantially complete and rue o the`best f my knowledge, under the pains and penalties of erj ry. TH SHI 'S INN - NANTUCKET, INC. SIGNATURE• B . licant _.I_ Attorney /agent Par 3(If not owner or owner's attorney, enclose proo or authority)