Loading...
HomeMy WebLinkAbout069-91ot,OTUc 3 =1 N o u. a� 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)