HomeMy WebLinkAbout027-91TOWN OF NANTUCKET
BOARD OF APPEALS
Nantucket, Mass. 02554
D.:;) '7 - °/l
(;�(clo/ /
To: Parties in Interest and Others concerned with the Decision
of the BOARD OF APPEALS in the Application of the following:
Application No. 027 -91
Owner /Applicant: THE BOARDING HOUSE OF NANTUCKET, INC.
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 ( 2 0),--d-�tys . i.
Date:
ichter, Chairman
cc: Town Clerk
Planninq Board
Building Commissioner
i7, 11fl
Board of Appeals
Town of Nantucket
Nantucket, Massachusetts 02554
DECISION:
At a public hearing of the BOARD OF APPEALS held on FRIDAY,
APRIL 26, 1991, at 1:00 P.M. in the TOWN AND COUNTY BUILDING,
Federal and Broad Streets, Nantucket on the application of THE
BOARDING HOUSE OF NANTUCKET, INC. (027 -91), having a mailing
address c/o Reade & Alger Professional Corporation, 6 Young's
Way, Post Office Box 2669, Nantucket, Massachusetts 02584, the
Board enters the following decision and makes the following
findings:
1. Applicant seeks a modification of the Special Permit
granted in the Board's File No. 019 -86, to allow Level B to be
used for up to two retail establishments and /or non - ancillary
offices and to allow Level C to be used either for non - ancillary
office space or for" office and storage space ancillary to the
retail uses on Level B. Applicant requests all necessary parking
relief by Special Permit. The premises are located at 12 FEDERAL
STREET, Assessor's Parcel 42.3.1 -127, Plan File 20 -D, and are
zoned RESIDENTIAL - COMMERCIAL.
2. Our decision is based upon the application,
representations and materials presented to us at the public
hearing, including plans, documents in our File No. 019 -86, and
viewings of the premises.
3. The premises, which, as we found previously, have a
pre- existing nonconformity with the zoning by -law consisting of
their lack of on -site, off - street parking, are improved by a
commercial structure containing four levels, designated, for cr
purposes, a Levels s 3 R C and f--0 the lowest I 4, In '"
O_ r S L •r --, �-, D ZIt ,2 »ES.. �C ".c i,i �ilcDL
level. The existing Special Permit allows use of the premises
with a 72 -seat restaurant on Level A; retail space of 2,230
square feet on Level B; office space of 218 square feet and
storage space of 1,147 square feet on Level C; and a dwelling,
having no kitchen, used for employees on Level D. The decision
in File No. 019-86 l i mi tc rynmmerCial L'Se to the re=+- -a °nt d
. uru Gi,
.. u
one retail business, with Level C being limited to ancillary
office and storage use. The applicant proposes to use Level B
for retail and /or non - ancillary office space and to use Level C
for either non - ancillary office space or for office and storage
space ancillary to the uses on Level B. No changes in the uses
of Levels A and D are proposed.
4. The applicant informs us that the existing Special
Permit has proved vague and difficult to interpret in certain
respects, and that its apparent limitation of Level B to one
retail enterprise, with Level C restricted to uses ancillary to
k`.L
V
,d
that retail enterprise, has been unworkable. The result has been
that large portions of this important commercial structure have
often lain fallow. Such disuse is detrimental to maintaining the
vitality of the core district, which, as we have heard, is of
major concern.
5. While Level D is not specifically before us, and no
relief is requested as to it, we find that it has been, and
continues to be, used as an employer dormitory and that it is in
the public's best interest that it now be formally designated as
such and that its occupancy be limited to a maximum of six (6)
persons. Our decision confirms that Level D is, and has been,
employer dormitory, requires that it continue to have no kitche n, an
and limits its maximum occupancy to six (6) persons; however, we
impose no restriction that such employer dormitory be used solely
in connection with the commercial enterprises upon the premises.
As required by the Code of the Town of Nantucket, the employer
dormitory shall be licensed and inspected annually.
6. The maximum parking requirements under Section 139 -18.D.
for the premises, as existing and as proposed, are as follows:
Parking Parking
Proposed Requirements- Requirements- Net
Level Use Existin
9 Proposed Chime
A Restaurant, 72 seats a
ZmP'Loyees, up to 13 A . ^0
n
Y 0
E Retail or office,
2,230 square feet
11
Employees for retail
use, up to 7
2
C Office, 1,365 square
feet
2 ( 1
NOTE )
D Employer dormitory, max-
imum occupancy of 6
1 (NOTE 2)
Total
29
NOTE 1:
and one
NOTE 2:
11
2
7
4
37
0
0
+5
+3
+8
Computed as one space for 218 square feet of office space
space for 1,147 square feet of storage.
Computed as one dwelling unit.
No on -site parking is currently provided, and none is proposed;
we find that the premises are not physical) capable of
any such parking. We further find that y P providing
parking requirements by special granting relief from such
general purposes and intent of the by-law, 1 s harmony with the
of the additional 8 spaces that would otherwise be particularly recuirpA
result from our designation of Level D as an employer dormitory,
which we feel strongly is a crucial benefit to the public safety
and welfare.
7. Applicant proposed no limitation on the number of
offices to be contained on Level B or Level C. Although we are
generally in favor of the mixed office, retail, restaurant, and
dormitory use of the premises, Board members expressed great
concern that the intensity of usage resulting would be
unacceptable and that such freedom would allow the Applicant to
chop the premises up into any number of extremely small offices
and to create the appearance of a mini -mall. Accordingly, this
decision restricts Level B to no more than a combination of two
(2) retail stores and /or three (3) non - ancillary offices and
Level C to three (3) non - ancillary offices and storage space
ancillary to the uses on Level B, or any combination thereof.
8. No opposition to the application was presented to the
Board.
9. Based upon all of the above and upon the conditions
stated, we find that. the uses permitted under the requested
modification to the existing Special Permit are not substantially
more detrimental to the neighborhood and, in fact, are beneficial
to the neighborhood in that Level D is now officially recognized
as an employer dormitory and the building, as a whole, will be
put to its highest and best use, contributing to t;,e ongoing
�. }.
vILal1Ly oL 6.ne Core olSLriC6. ncCvr%.A iLI lY I w2 '4 iiad � L& %. � L1 1.)
modification of the existing Special Permit is in harmony with
the general purpose and intent of the By -law.
10.
Accordingly, by UNANIMOUS VOTE, this BOARD, by SPECIAL
-E-"IT,,
grail s hLe requested
11odilicatiVn t-
t�122 exiJ1..Iiig Special
p =rmiyr
--ri uli ssary
D =rKlna relIeI, suo7ecc LO Z: "e
limitations and conditions herein s forth.
Dated:
991
G
�_Robertf' J
Leich ter
&A L i n d a r^ . Williams
Owl _604-
Ann Balas
Peter F. Dooley
Kate Mitch ll
s _ �
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 BOARDING HOUSE OF NANTUCKET, INC.
Board of Appeals File No. 027 -91
Applicant seeks Modification of the existing Special Permit
granted in BOA File No. 019 -86 to allow Level B to be used for up
to two retail establishments and /or non - ancillary offices, and to
allow Level C to be used either for non - ancillary office space or
for office and storage space ancillary to the retail uses on Level
B. Applicant requests relief by Special Permit under Section 139 -
18B as necessary from the parking requirements of Section 139 -18D
and including the five (5) additional off - street parking spaces.
The premises are located at 12 FEDERAL STREET, Assessor's Map
42.3.1, parcel 127, as shown in Plan File 20B. The property is
zoned RC.
0i A eh
Li6da F. Williams, Vice Chairman l
BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS Date
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554 CASE No &72 --1?L
APPLICATION FOR RELIEF
Owner's name(s): The Boarding House of Nantucket, Inc.
Mailing address: c/o Reade & Alger P.C., P.O. Box 2669, Nantucket, MA 02584
Applicant's name: same
Mailing address:
Location of lot: Assessor's map and parcel number42.3.1 -127
Street address: 12 Federal Street
Plan File 20 -D
Registry Lot_—
Date lot acquired 2.J74 Deed Ref 147 -328 Zoning district R-C
Uses on lot - commercial: None _ or P.esr.= .urart; retail MCD ?No
- number of: dwellings 1 duplex— apartments— rental rooms—
Building date(s): all pre -8/72? Yes or —
Building Permit appl'n. Nos. 3720 -84
Case Nos. all BoA applications, lawsuits: 019 -86; 049 -83
State fully all zonincj 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 -331A
X if to alter or extend a noncon.orming use). If app per
& B _ attach decision or order appealed. OK to attach addendum .
Applicant requests that the Special Permit in Case No. 019 -86 be modified
to permit Level B to be used for up to two retail establishments and /or non-
ancillary offices, and to permit Level C to be used either for non - ancillary
office space or for office and storage space ancillary to retail uses on
Level B. Applicant requests all necessary parking relief :Dy Special Permit.
Items enclosed as part of this Application: orderl addendum2 X
Locus map X Site plan X showing present�X +planned — structure)
Floor plans present proposed— elevations (HDC app
Listings lot area frontage setbacks GCR parking data
Assessor- certifie3 addressee list 4 sets � —ma�l ni g labels 2 sets X
$200 fee payable to Town of Nantucket X proof 'cap' covenant
l(If an appeal, ask Town Clerk to sencTBldg Comr rs 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 p rjury.
Applicant Attorney /agent X
SIGNATURE:
3(If not owner or owner's attorney, enclose proof of authority)
FOR• BoA OFFICE USE IY`�1
Application copies recd: 4 ✓ or for BoA on/� by
� complete.
One copy filed with Town Clerk on -/y� byp _/g b
One copy each to Planning Bd and Buildin g De t Y
$200 fee check given Town Treasurer on b4r&4 -6 wa ived ?_ �'/ /
Hearing notice posted' �1 mailed
_/�� I &
Hearing(s) one_/_ cont'd to_/_,/_. _.l_/.— withdrawn ?__/__/_
Decision due b
Y _j_—/— made__/--/_ filed TC _J_/._ mailed__/__/_
See related cases
lawsuits___ other_
t�\
I��
Addendum to Application of The Boarding House of Nantucket, Inc.
Parking required for uses as presently
allowed by decision in 019 -86
Level A
Restaurant, 72 seats
9
spaces
Level B
Employees (up to thirteen)
4
spaces
Level B
Retail, 2230 square feet
11
spaces
Employees (up to seven)
2
spaces
Level C
Office, 218 square feet
1
space
Level C
Storage, 1147 square feet
1
space
Level D
Dwelling
1
space
Total required
29
spaces
Maximum parking required for uses requested
Level A
(no change)
13
spaces
Level B
Retail or office, 2230 square
feet
11
spaces
Employees for retail use (up
to seven)
2
spaces
Level C
Office, 1365 square feet
7
spaces
Level D
(no change)
1
space
Total required
34
spaces
kah /4 /BOARDHSE