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Home My WebLink About071-9140-7i- 5/ - ZONING BOARD OF APPEALS 14 South Water Street ' Nantucket, Mass. 02554 Robert J. Leichter, Chairman Spencer M. Cowan, Jr. Linda F. Williams, Vice Chainnan Zoning Board Administrator Ann Balas, Clerk Telephone (508) 228 -7215 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. 071 -91 Owner /Applicant: -48 CENTRE STREET, 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 (20) days. Date: Robert J c er, Chairman cc: Town Clerk Planning Board Building Commissioner Health Officer ZONING BOARD OF APPEALS 14 South Water Street Nantucket, Mass. 02554 Map 42.3.1 parcel 1 RC 48 Center Street 349/011 At a Public Hearing of the ZONING BOARD OF APPEALS held at 1:00 P.M., Friday, November 15, 1991, and continued at a Public Hearing at 1:00 P.M., Friday, December 13, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of 48 CENTRE STREET, INC., 48 Center Street, Nantucket, Mass. 02554, Board of Appeals File No. 071 -91, the Board made the following DECISION: 1. Applicant is seeking a Modification of the existing Special Permit, issued in BOA File No. 006 -90, specifically paragraph 9(b) of the Decision. The modification would allow the second floor of the premises to contain a one bedroom apartment and three guest rooms rather than the two bedroom apartment and two guest rooms required by the existing permit. All other conditions of the existing Special Permit would remain in effect and no changes are requested for the remainder of the building. See BOA Files No. 006 -90 and 033 -88. The premises are located at 48 CENTER STREET, Assessor's Map 42..3.1, parcel 1. The property is zoned RC. 2. The Decision is based upon the Application and materials submitted therewith, the testimony and evidence presented at the hearing, and an unfavorable recommendation from the Planning Board. 3. Applicant presented evidence that she had tried to rent the required two bedroom apartment, but that she had not found it practical to do so, and she wanted permission to change the allowable use to a one bedroom apartment and a guest room, in addition to the two other guest rooms already approved for the premises. 4. Applicant stated that the property had previously been a guest house, before-the renovations undertaken pursuant to the Special Permit issued in BOA File No. 006 -90, and that the building complied fully with all present guest house requirements for sprinklers, annunciators, and fire and smoke alarms, that she would be willing to have the premises licensed and inspected as required for guest houses, and that the conversion could be made without any significant construction or change to the interior layout. 5. The Planning Board's unfavorable recommendation was based upon the assertion that there was a greater need for two bedroom apartments than one bedroom units, based upon a study undertaken by the former Housing Planner; however, Applicant's experience of Application No. 071 -91 Decision inability to rent' this two bedroom unit is more recent evidence and contradicts the fundamental premise upon which the Planning Board's recommendation rests. 6. By unanimous vote (Leichter, Williams, Waine, O'Mara, and Mitchell in favor) the Board GRANTS the relief requested and modifies the existing Special Permit, "issued in BOA File No. 006- 90, paragraph 9(b), to allow conversion of the required two bedroom year -round apartment to a one bedroom year -round apartment and a guest room, with all other conditions of the said Special Permit to remain in effect, upon the following condition: A. The premises shall be licensed and inspected as a guest e erveA ��u - /, � // #9.L 0N 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, November 15, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: 48 CENTRE STREET, INC. Board of Appeals File No. 071 =9'1" Applicant is seeking a Modification of the existing Special Permit, issued in BOA File No. 006 -90, specifically paragraph 9(b) of the Decision. The modification would allow the second floor of the premises to contain a one bedroom apartment and three guest rooms rather than the two bedroom apartment and two guest rooms required by the existing permit., All other conditions of the existing Special Permit would remain in effect and no changes are requested for the remainder of the building. See BOA Files No. 006 -90 and 033 -88. The premises are located at 48 CENTER STREET, Assessor's Map 42.3.1, parcel 1. The property is zoned RC. 1••- - - Chairman BOA Form 1 -89 NIINTUCHET 2011ING DOILRD Or APPEALS xe 24T )BUILDING \2 D COi 7 I ?:1NTuCI :'T, KA 02554 ' CASE Na . m_ -�_ Owner's name(s): 71PI1LICATION FORRELIFY 48 Centre Street, Inc. Mailing address: 48 Centre Street, Nantucket, MA 02554_ Applicant's name: Same Mailing address: same Location of lot: Assessor's map and parcel number Street address: 48 Centre Street Registry Land Ct Plan, Plan Ilk & Pg or 1-11 an File NONF. Lot Date lot acquired: 2_ALAL Deed Ref349,011 Zoning district R_C Uses on lot - commercial: None or Retail Store (antiques) MCD ?_ - number of: dwellings_ duplex_ apartments rental rooms Building date (s) : all pro-8/72? r[.Q — Wkenayated I Agn C of 0?--Y- Building Permit appl'n. Nos. 7497-9e Case Nos. all BoA applications, law -quits: BOA 033 -88. 006 -90 State fully all zoning relief sought- and respective Code sections and subsections, specxf:ically 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 -33A if to alter or extend a nonconforming use). If aply -'al per 139 -31A & B _ , attach decision or order appealed. OK 'to attach addendum . Applicant seeks a modification of the Board's decision in 006 -90. Specifically, paragraph 9(b) of that.decision is requested to be modified to permit the premises second floor to contain a one - bedroom, rather than a two - bedroom year -round apartment, and - three, rather than two, guest rooms. All other conditions of the existing Special Permit are to remain unchanged. No parking relief is required. Items enclosed as part of this Application: order.l addendum2 Locus map_ Site plan__ showing present -1-planned structures Floor plans present_ proposed_ elevations — (I1DC approved ?_) Listings lot area frontage setbacks GCR parking data Assessor - certifies addressee T—i t ,, sets �ma li►�g labels 2 sets _ 5200 fee payable to Town of Nantucket proof 'cap' covenant (If an appeal, ask Town Clerh to send Bldg ComrIs record to uoA.) 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. (�N TUBE: ' �`�"°`' LL'rl�t�" .}$/22�. Applicant Attorney /agent- _ ot owner or owner's ;attorney, enclose proof of authority) FOR BoA OFFICE USE Application copies rec' d: 4 ve or fog :_t BOA on l l�l by One copy filed with Town Clerk onld /� W by :�� complete?— One copy each to Planning Bd and Building Dept /� 1by $200 fee check given Town Treasurer. ong /2 &? / by �/ waived ?_ Hearing notice posted /z� rnailed—x� '2 I & Pi�� &, Z/2/4// Hearing(s) on_/__/^ cont'd to--/__/_, _/_/_ withdrawn ?_/_—J_ Decision due bye_/_ made_//_ filed TC�_/_ mailed —/_ /_ See related cases lawsuits; otlL-'•, NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 NOTICE December 29, 1989 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. 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 set forth in Section 139 - 18(1). The Premises are currently used as a Guest House (8 Rooms) plus an Apartment. The Premises are non - conforming as to Iot 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(1). 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. G William R. Sherman, Chairman BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS 12129/89 TOWN AND COUNTY BUILDING. Data NANTUCKET, MA 02554 CASE No. -� APPLICATION FOR RELIEF Owner's name(s): Theodore L Tillotson. Trustee Mailing address: Ong Frppdnm 4 Qiiare -The rnmmonc, Nantudke;, MA 02664 Applicant's name: same Mailing address: same Location of lot: Assessor's map and parcel number 4j.R-j nn� Street address: 48 Center Street: Registry Land Ct Plan, Plan Bk & Pg or Plan File xnmp Lot Date lot acquired: _1J,1B1_pS Deed Ref 2g5,_J_J3 Zoning district R -C Uses on lot - commercial: None _ or Guest House MCD ?_ - number of: dwellings`_ duplex= apartmentsi rental rooms_g Building date(s): all pre -8/72? yes or C of 0? No Building Permit appl'n. Nos. Case Nos. all BOA applications, lawsuits: see -BOA '633-88 State fully all zoningg 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 XX if a Special Permit (and 139 -33A xx if to—alter or extend a nonconforming use). If appeal per 139 -3JA && B , attach decision or order appealed. OK to attach addendum . Applicant seeks to convert an 8.room guest.house with apartment into a pproximately`990 sq..ft. first floor retail space; retaining existing kitchen,ka 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 present +planes structures Floor plans present proposed_, elevat ons (HDapproved? _) Listings lot area 07A frontage 45 setbacks o GCR-]„ parking data n nn e Assessor- certifie3 addressee 11st 4 setsxx ma�ling labels 2 sets_ 1200 fee payable to Town of Nantucket proof 'cap' covenant (If an appeal, ask Town Clerk to send Bldg Comr record to BoA-.-F 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: Lt✓ PA4 Applicant Attorney /agent xx 3(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE Application copies reed: 4_ or for BOA on_ /_/_ by One copy filed with Town Clerk on`f_/_ by complete ?_ One copy each to Planning Bd and Building Dept____/___/_ by $200 fee check given Town Treasurer on_ /__/_ by waived ?_ Hearing notice posted,/_ mailed_/_/_ I & M_/_/_, Hearing(s) on_/_/_ cont'd to_/_/_, _/_/_ withdrawn ?__J_/_ Decision due by`/`/_ made_/___/_ filed TC__/_/_ mailed_/_/_ See related cases lawsuits other