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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: December 4 1991
To: Parties in Interest and.Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following: '
Application No.: 069 -91
Owner /Applicant:
SHERBURNE ASSOCIATES REALTY TRUST
Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in the office of the Nantucket Town
Clerk.
-Ln ::oDeal from this Decision may be taken pursuant to
Section 17 of Chapter 40A, Vassachusetts General Laws.
-ought by
Any action appealing (illy. Decision must
1'":ENTY ) 1 y after
.C4 lliig an CvlTipla-i ?t in court ;;ithin t" -V �G ,.a -
this day's date. Notice of the action with a copy of the
comDlai. ^.t and certified copy of the Decision must be given
to th- -e Town Clerk so s `o �.�.� recei e 2t:i�n such T =`: Y
(20) days. V
cc: Town Clerk
Planning Board
Building Commissioner
J. eilchter, Chairmnan
. .
BOARD OF APPEALS
TOWN OF NANTUCKET
Decision:
The Nantucket Board of Appeals made the following decision
at its public meeting held on Friday, November 15, 1991, at 1:00
P.M. at the Town and County Building, Federal and Broad Streets,
Nantucket, upon the application of Arthur J. Halleran et al,
Trustees of SHERBURNE ASSOCIATES REALTY TRUST (069 -91):
1. This is an application for a Special Permit pursuant to
Nantucket Zoning By -law Section 139- 18.B(2), for relief from
off - street parking requirements for premises located in the
Residential Parking Permit District. The subject property (the
"Locus ") is situated at 19 North Water Street, Assessor's Parcel
42.4.2 -3, is shown as Lot 2 on Land Court Plan 36477 -A, and is
zoned as Limited Commercial.
2. The Locus, together with adjacent parcels in common
ownership which were included for the purpose of determining
parties entitled to notice of this application, constitutes the
Harbor House hotel complex. The applicants proposed to convert
retail space facing South Beach Street, which has been occupied
by Murray's at the Harbor House as tenant, into two conference
rooms ancillary to the existing hotel use. (For history of the
zoning permits relating to the locus, see our cases 011 -77,
042 -78, and minutes of our meeting of April 26, 1979.)
3. The retail space which is proposed to be converted
contains 1,584 square feet in gross floor area, which requires
eight parking spaces; one additional space is required for the
maximum of three employees, for a total of nine. The proposed
use is for two conference rooms with a maximum total occupancy of
84, which raquires twenty -eight parking spaces under our by -law,
for an increase cf nineteen. No addition to the tuiiding is
proposed, so the provisions of Section 139- 18.A(1) are not
applicable.
4. We are informed by the applicants that the proposed
conference rooms will be used to enhance the use of the hotel for
meetings, particularly in the "shoulder" seasons in spring and
fall. Since the locus is situated in the Residential Parking
Permit District, we can aai-ve parking requirements by special
permit upon making the findings under Section 139- 18.B(2). We
are told, and are cognizant, that the compulation of parking
requirements for hotel uses has the potential of multiple
counting of spaces for hotel rooms, restaurant seating, and
meeting rooms, utilized by the same persons in certain instances.
We are further told by the applicants' representatives that they
discourage participants in conferences from bringing automobiles,
which are unnecessary at this downtown site in close proximity to
retail and service establishments and points of interest.
5. We find that the granting of this special permit is in
harmony with the general purposes and intent of the By -law, since
the amount of actual pressure upon provided parking from this
change in use will be much less than the by -law computations
would indicate, and that compliance with the parking requirements
of Section 139 -18 would be physically impossible for the
applicants to provide, at least without a significant and adverse
effect upon the scenic and historic integrity of the
neighborhood. Accordingly, subject to the condition stated in
Paragraph 6, we grant relief by special permit, waving the
provision of nineteen additional parking spaces in connection
with the conversion of the subject retail space to conference
room use.
6. The relief hereby granted is subject to the condition
that the subject space shall be used strictly as a conference
facility ancillary to the hotel during the period of May 16
through October 31 of each year, and shall not be rented or
leased to an independent party or used for any other functions,
such as auctions, retail sales or social functions, which are
more likely to generate demand for parking, except during the
period between November 1 and May 15.
7. It is noted that any further changes in use or
expansions upon the locus and the adjacent parcels, including the
one containing the former Mad Hatter restaurant, will require
further zoning relief and will trigger the applicability of the
Major Commercial Development provisions of Section 139 -11.
8. Accordingly, this Board grants the requested Special
Permit, upon the condition herein 4th, unanimous vote
of the four members sitting.
Dated: defeyr(/It, 1991.
ter
4 (7)/ �/ f /�r'n ► I ,
I
Linda F. 'Williams
(dda /19 /Winthrop)
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held
on FRIDAY, OCTOBER 18, 1991, at 1:00 P.M., in the Town and
County Building, Federal and Broad Streets, Nantucket, on the
Application of:
ARTHUR J. HALLERAN, ET AL, TRUSTEES OF SHERBURNE ASSOCIATES
REALTY TRUST
Board of Appeals File No. 069 -91
Applicants are seeking a Special Permit under Section
139- 18B(2) of the Zoning By -Law for relief from parking
requirements in the Residential Parking Permit District.
Applicants propose to convert permitted retail space into two
(2) conference rooms, having a maximum seating capacity of 84
persons, as a use ancillary to a permitted hotel, the Harbor
House, on the premises. Present use, to be eliminated,
requires nine (9) spaces; the proposed uses require
twenty -eight (28) spaces.
The premises are located at 19 NORTH WATER STREET, Assessor's
Map 42.4.2, Parcel 3, as shown on Land Court Plan 36477 -A,
Lot 2. The property is zoned LIMITED COMMERCIAL. See, also,
Board of Appeals Files 011 -77 and 042 -78.
Robert J. Le c ter, Chairman
BOA Form 1 -89 NANTUCKET ANDZONING
COUNTYBOARD APPEALS
BUILDING Date
NANTUCKET, MA 02554 CASE No.ffa-V
APPLICATION FOR RELIEF
Owner's name(s): Arthur J. Halleran et al, Trustees of Sherburne Associates Realty Trust
Mailing address: c/o Reade & Alger Professional Cor ^yor..`;on Six vo>>no'S Wav, Post
Office Box 2669, Nantucket, Massachusetts 02584
Applicant's name: Same
Mailing address: Same
Location of lot: Assessor's map and parcel number 42.4.2 -003
Street address:
19 North Water Street
Registry Land Ct Plan, Plan Bk & Pg or Plan File 36477A Lot 2
/Cert. of Title No. 12975 Zoning district LC
Date lot acquired: ��_ Deed Ref _,—
Uses on lot - commercial • None _ or Hotel, retail, restaurant MCD? No
- number of: dwellings_ duplex_ apartments— rental roomslll
Building date(s): all pre- 8/72? No or 1978 C of 0? Yes
Building Permit appl'n. Nos. 974 -78 (Bldg #6)
/011 -77, 042 -78; See also minutes April 26,
Case Nos. all BOA applications, lawsuits: 1979 meeting regarding modification
State fully all zoning relief sought and respective Code sections
and subsections, specifically what you propose compared to present
ach finding per Section
and what grounds you urge for BOA to make e
139 -32A if Variance, 139-30A X if a Special Permit (and 139 -33A
if to alter or extend a nonconforming use). If appeal per 139 -3A
& B _ , attach decision or order appealed. OK to attach addendum .
Applicant requests a Special Permit pursuant to Section 139- 18.B.(2) of the By -law for
relief from off - street parking requirements for premises located in the Resident Parking
Permit District. Applicant proposes to convert permitted retail space into two conference
rooms as a use ancillary to permitted hotel on premises. Current parking requirement
for retail use is nine spaces; parking requirement for proposed conference room use
is twenty -eight spaces.
Items enclosed as part of this Application: orderl addendum2
Locus map x Site plans showing present �_ +planned structures
Floor plans present X proposed ,< elevations (HDC approved ?_)
Listings lot area frontage setbacks GCR�_ parking datax
Assessor - certifies- addressee ist 4 sets(_ mali.ng labels 2 sets
51200 fee payable to Town of Nantucket x proof 'cap' covenant
(If an appeal, ask Town Clerk to senU —Bldg Com-r s 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 pgrjury.
SIGNATURE: Applicant Attorney / x
3(If not owner or owner's attorney, enclose proof of authority)
FOR VA OFFICE USE f /
Application copies reed: 4 or for BOA on f�11 by OF4J
One copy filed with Town Clerk on_, / Z?Fy by_j� complete?
q by �//
One copy each to Planning Bd and Building Dept�L.,L
�
J /?-? 9 ived? /
$200 fee check given Town Treasurer on �/� �,��' —
Hearing notice postedg/Zwmailed�„ — ��I & M4 SILL-,
Hearing(s) one_/_ cont'd to__/_--/_, withdrawn ?__/__/_
Decision due bye_/_ made_/_/_ filed TC__J--/_ mailed_/_
See related cases lawsuits other
Parking Requirements
(Within Resident Parking Permit Area)
Current retail space
1584 square feet = 8 spaces
3 employees = 1 space
Total 9 spaces
Proposed conference room area
84 person capacity = 28 spaces
(1 space for every
3 persons)
(dda /17 /Winth)