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Home My WebLink About033-94ti4 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: June l3 f 19 94 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 033 -94 Owner /Applicant: NAUTICAN REALTY COMPANY 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 an complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. / i cc: Town Clerk Planning Board Building Commissioner ale W. Waine . Chairman Map 5514 96 Washington St. Parcel 0008 Lot 13 RC District L.C. Plan 8254 -E NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MASSACHUSETTS DECISION: The Board of Appeals, at a public hearing held on Friday, May 6, 1994 at 1:00 P.M. in the Town and County Building, Nantucket, Massachusetts, made the following DECISION on the application of NAUTICAN REALTY COMPANY with a mailing address of P. 0. Box 1222, Nantucket, Massachusetts 02554 (Board of Appeals File No. 033 -94). 1) Applicant seeks relief by SPECIAL PERMIT under Nantucket Zoning By -Law §139 -33A to alter and extend a pre- existing, nonconforming use by increasing the number of summer functions. In the alternative, Applicant seeks relief from the parking requirements for this use under Nantucket Zoning By -Law §139 -18B. Also in the alternative, Applicant seeks a finding that the use of the premises for summer functions is grandfathered, and that any increase in the frequency of functions would not trigger an increase in parking requirements. The premises are located at 96 WASHINGTON STREET, Assessor's Map 55.1.4, Lot 8, as shown on Land Court Plan 8254 -E, Lot 13. The property is zoned RESIDENTIAL - COMMERCIAL. 2) Our findings are based upon the application papers, plans, letters received by the Board prior to the hearing and representations and testimony from the applicant, applicant's attorney, abutters and their representatives, and interested members of the community received at the public hearing on May 6, 1994, and the continued public hearing on May 12, 1994. 3) Permission is sought for the Applicant's off- season boat storage building to be used for events as a place of assembly from July 15 to September 15 (when it is not being utilitized for boat storage purposes) , notwithstanding the lack of required on -site parking spaces. Applicant asserts that this use of the premises, which is a permitted use in this zoning district, has occurred at least once or twice per summer since prior to the enactment of the Nantucket Zoning By -Law. The events staged were designed to benefit local community groups. There were no parking- related complaints in connection with past functions. At prior events, off - street parking was available at nearby public and private parking areas. Because the site is close to Town, many of the persons attending the events did not drive. Adequate police and fire supervision at the prior functions alleviated traffic flow and parking concerns. At this time, Applicant seeks to increase the number of events or functions which occur on the site during the summer season. 4) Based on a stated occupancy of 1,500 people at each event in this "recreational facility ", one (1) o£f- street parking space is required for every three (3) people, or five hundred (500) spaces under §139 -18 of the By -Law. We find that it is physically impossible for the Applicant to provide the required parking spaces on site. Because the premises are located outside of the Core District and Resident Parking Permit District, we may waive no more than thirty (300) percent of the required parking (150 spaces) and we hereby waive 150 required off - street parking spaces. We find further that the Applicant is able to provide sufficient required off - street parking (350 spaces) off -site in compliance with §139- 18B(1) of the By -Law. Specifically, there is available off -site parking at nearby public and private parking areas for these nightly events. At prior and similar events, there have been no parking related complaints and most patrons walked rather than drove to these prior events given the proximity of the Boat Yard to Town. We find further that Special Permit Relief waiving required off - street parking is appropriate in this case and is in harmony with the intent and purpose of the Nantucket Zoning By -Law upon the explicit conditions set forth herein. Accordingly, by a vote of four (4) (Balas, Williams, Waine and Hourihan) in favor and one (1) (Angelastro) against, the BOARD GRANTS the requested SPECIAL PERMIT under §139 -18B (4) and waives thirty (300) percent of required off - street parking (150 spaces), finds that the Applicant is able to provide the balance of required parking off -site in compliance with §1349-18(B) (1) of the By -Law, and hereby permit The Applicant to use the Boat Storage Building on the premises for public assembly events on the following conditions: (a) All events or functions shall take place between July 15 and September 15. (b) No more than 1500 persons may be in attendance at any one event. (c) No more than seven (7) events or functions shall be permitted on site during the "season" set forth above, recognizing that certain events (such as an antique show) may cover several days and still be counted as a single event. (d) At any events which involve amplified music or alcoholic beverages, no music shall be played and no liquor shall be served after 11:00 P.M. so that by 11:30 P.M. those in attendance can disburse and leave the premises. Liquor served shall be limited to beer and wine only. (e) Adequate fire, police and EMT protection shall be provided at each event as determined by the appropriate Town officials. (f) Events conducted on this site must be for the benefit of not - for - profit organizations, governmental agencies or local community groups. In addition, the Board, by a unanimous vote, GRANTED Applicant's request to WITHDRAW WITHOUT PREJUDICE, the request for a finding and /or a Special Permit under §139 -33A. June %3 , 1994 al L' F. Williams BE%EIVED ale W. Paine TOWN CLERK'S OFFICE NANTUCKET, MA 02F54 v ✓1 WIlliam Hourihan JUN 13 1994 nviE. 3 �� Michael Angelastro Junto /NautBOA Zoning Board of Appeals South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the ZONING BOARD OF APPEALS will be held at 1:00 P.M., Friday, May 6, 1994, in the Town and County Building, the Selectmen's Meeting Room, Broad Street, Nantucket, Massachusetts, on the Application of: NAUTICAN REALTY COMPANY Board of Appeals File No. 033 -94 Applicant seeks relief by SPECIAL PERMIT under Nantucket Zoning By -Law §139 -33A to alter and extend a said to be pre- existing nonconforming use by increasing the number of summer functions. In the alternative, Applicant seeks relief from the parking requirements for this use under Nantucket Zoning By -Law §139 -18B. Also in the alternative, Applicant seeks a finding that the use of the premises for summer functions is grandfathered, and that any increase in the frequency of functions would not trigger an increase in parking requirements. The premises are located at 96 WASHINGTON STREET, Assessor's Map 55.1.4, lot 8, as shown on Land Court Plan 8254 -E, lot 13. The property is zoned Residential - Commercial. 6OAaQ /j 1 W Dale W. Waine, Chairman. THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228 -7215. BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 o 3_3 CASE No- - APPLICATION FOR RELIEF Owner's name(s): Nautican Realty Company (Incorporated) Mailing address: P.O. Box 1222, Nantucket, Ma. 02554 Applicant's name: Mailing address: Same Same Location of lot: Assessor's map and parcel number 5514 -0008 Street address: 96 Washington Street, Nantucket, Ma. Registry Land Ct Plan, 8254 -E Lot 13 Certificate of Title Date lot acquired: __I/__L/70 D&geX f Noy 5946 zoning district RC Uses on lot - commercial: None or Shipyard MCD ?No - number of: dwellings 0 duplex_ apartments _ - rental rooms Building date(s): all pre -8/72? X or C of 0? Building Permit appl'n. Nos. 2909 -83 and 10426 -93 (both for repairs) Case Nos. all BOA applications, lawsuits: None 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 -33A X if to alter or-extend'a nonconforming use). If appeal per 139 -3JA & B _ , attach decision or order appealed. OK to attach addendum . SEE ATTACHED ADDENDUM 0 u Items enclosed as part of this Application: orderl addendum2 X Locus map x Site plan .X showing present X +planned 'structures Floor plans present_ _proposed— elevations (HDC.approved ?_) Listings lot area frontage setbacks GCR parking data Assessor- certifienaddressee ist 4 sets x majling label$$ 2 sets ,5200 fee payable --- to_. -Town of Nantucket- X proof - - 'cap' covenant l(If an appeal, ask Town Clerk to sen3 Bldg Com s record to BoA.F I certify that the requested information submitted is substantially complete and true,to the best of my knowledge, under the,pons and peAalties erj' ry. /\ SIGNATURE v Applicant — Attorney /agent x Melissa D. PlAlbrick 3(If not owner or owner's attorney, enclose proof of authority) FOR BOA OFFICE USE Application copies recd: 41/ or— for BOA on�=C by _ one copy filed with Town Clerk on_q /by complste? One copy each to Planning Bd and Building Dept�� by� $200 fee check given Town Treasurer on -( /.` rwaived?— Hearing notice posted' /�� Vmailed Vylgq ' I & Hearirig(s) one_/_ cont'd to__J___/_, ��_ withdrawn ? _J__J_ Decision due by_/_/_ made _J_ filed TC__J___/_ mailed___J__J_ See related cases lawsuits other UL6 N O O U W Lu LU JYl Ir U U O z L4J i Y � W U ADDENDUM TO THE APPLICATION OF NAUTICAN REALTY COMPANY The Applicant is seeking a Special Permit under §139 -33A and /or §139 -18B with respect to the parking requirements for functions held at 96 Washington Street during the summer months. Since at least the 19501s, the Applicant has consistently used the main storage building at Island Marine Service for functions during the summer when it is not utilized for boat storage. This use is permitted as of right in this zoning district. However, parking has never been provided on -site for these functions. The Applicant proposes to increase the number of functions in a given summer, but does not anticipate that the attendance at any particular function will increase. The Applicant requests a finding that the increase in the number of functions per summer does not result in an intensification of this use's grandfathered status because of inadequate parking on the site. If the Board believes that the increase in the number of functions is an intensification of the grandfathered use, then the Applicant requests that such an intensification be permitted by Special Permit pursuant to §139 - 33A. If the Board is not satisfied as to the grandfathered status of the use of Island Marine's main storage building for functions without adequate parking on -site, then the Applicant requests Special Permits pursuant to §139 -18B to waive the required parking to the extent permissible and provide the remaining parking off -site, finding that such Special Permits are in harmony with the general purpose and intent of the bylaw and that compliance with the parking requirements of §139 -18B would be physically impossible. Apr M /Nautican I— _L P?f u 4 • • V ` ^ y +rte �� - • �.!J .. � Y � ^ •`• +' Fes® � Jf^ a • ..., ~ .«^.... 7 ' _ F° ado IEGENO i ,Y1f, ' _ = 14 N ANTtlL JT'-J,'I R� r.w MO IEED t\�ilss [BRO'MYRSKIN..L�� setts JqL F.— LCE -3. 2n+- 10w913� SUBDIVTSTON PLAN OF LAND IN NANTUCKET 8 2 5 4 E Josiah S. Barrett, Surveyor February 25, 1969 NPN .�, W .W 0 00 r� 12 •L � •ENO �°o -7 Sp - Q I +4-3 'v �S ce 69.00 P.B_ 78 \ 3 ►yA SHING To H h � 0 0 U. o� Q � d HARBOR �Ma rk I \.Jeoct�+ I BuLKw EAo i r 13 I Ms an N,yl� k/yfef Mofk of /927 C �o 0 0 LO a N S00 zs Caw 5 16 0425 F p 293 -i(ti 14 2 8 G.G 4 %� 14�'S�N�y3' Z \' 25 ��,✓ Lo`t�r,e A s-o u z`a Subdivision of Lots 1, 2, 3, �, 7 & 10 Shown on Plans 8254. and 8254 Filed with Cert. of Title Nos. 3558 and 4288 Registry District of Nantucket County Separate certificates of title may be issued for land shown hereon as- ___- Lcta__�2__ /3_d_J By the Court. y,^ v /Vf}(�CN_1LI9F9 L // Recorder. Gar 3 0 0 12 o \ N Copy of part of plan r in - LAND RE61STRATION OFF /C£ NAZCH it /s c 9 Scale of this plan 60 feet to an inch C A Anderson, Engineer for Court i s a 9 w: 4 BoA, Form - 2 9 NANTIICKET ZOIdSNG 130ARD OF APPEALS TORN SID COUNTY BUILDING NANTUCKET,' MA 02554 :ASSESSORS -8 LIST OF PARTIES IN INTEREST PROPERTY-;.OWNER:- Nautican Realty Company (Incorporated) APPLICANT.-FOR RELIEF (SAME? X ) ADDRESS-.OF .PROPERTY: 96 Washington Street ASSESSOR'S NAP - PARCEL: 5514 -0008 LIST OF PARTIES '_INCLUDING ADDRESSES *(OR SEE ATTACKED ): I' certify ~•that. -the' foregoing (or the attached) lists • aTl nersons;�:'natural Cr legal, who are owners of abutting property owners..:of.'land directly opposite on any public or prjvate'street or way; and abutters of the abutters and a•11 -other. land owners within three 'hEhdred feet of the property *lime of Owners property, as. they (and their address) -appear ;on --the most recent applicable tax list [per:M :.G:L.:- c:4.OA; Section 11 and Zoning Code Chapter 139, Section" 1:39- 29D.(2) ] . Date *NOTE: Applicant Por.which zoning abutting lots wh: matter. List map _kA t"D ! ' t As!set�nsor Town o Nffn;tuc et (petitioner)`should include with the lot relief is sought; any commonly -owned Lch might.become involved in the zoning and parcels for each abutter_ 03/23/94 TOWN OF NANTUCKET 07:06:49 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's /Co- Owner's Name Mailing Address /City State Zip Property Location 5514 0093 BURGESS MARY S ETAL PO BOX 1019 0067 UNION ST C/O NOBLIT MARY 0 NANTUCKET MA 02554 5514 0091 OLEARY JAMES 0063 UNION ST 0063 UNION ST NANTUCKET MA 02554 5514 0092 RICH ALICE H 0052 THOMAS DR 0065 UNION ST CHELMSFORD MA 01824 -2045 5514 0038 *COUNTY OF NANTUCKET 0111 WASHINGTON ST 5514 0071 *COUNTY OF NANTUCKET 0111 WASHINGTON ST 5514 0037 SAYLE CHARLES F JR & KATHLEEN PO BOX 961 0103 WASHINGTON ST EXT NANTUCKET MA 02554 5514 0070 SANTOS JOSEPH M & CHRISTINE M 0074 UNION ST 0074 UNION ST NANTUCKET MA 02554 5514 0069 PATERSON ROBERT F & KELLY L PO BOX 143 0070 UNION ST NANTUCKET MA 02554 5514 0036 *RAMOS MICHAEL J & DUSTY 107 WASHINGTON ST 0107 WASHINGTON ST NANTUCKET MA 02554 5514 0066 NETTLES JAMES & MARGRETTA 0064 UNION ST 0064 UNION ST NANTUCKET MA 02554 5514 0035 PARKER PHYLLIS A & KENNETH TRS 0060 UNION ST 0009 SALT MARSH WAY UNION ST REALTY TRUST NANTUCKET MA 02554 5514 0006 NAUTICAN REALTY CO INC PO BOX 1222 0097 WASHINGTON ST EXT NANTUCKET MA 02554 5514 0007 DEELEY J DREW PO BOX 452 095A WASHINGTON ST EXT NANTUCKET MA 02554 5514 0033 BELLARDO MICHAEL & BUGLISI MAR 0056 UNION ST 0056 UNION ST PO BOX 688 NANTUCKET MA 02554 5514 0004 BERLYN LYNNE F 609 BROWNING LANE 0012 FRANCIS ST WORCESTER MA 01609 5514 0005 PERRIN C ROBERT PO BOX 1335 0091 WASHINGTON ST NANTUCKET MA 02554 5514 0081 SILVIA & SILVIA ASSOCIATES INC 0619 MAIN ST 0089 WASHINGTON ST CENTERVILLE MA 02632 4223 0023 *TOWN OF NANTUCKET 0083 WASHINGTON ST 4223 0024 *TOWN OF NANTUCKET 0081 WASHINGTON ST 4223 0019 *TOWN OF NANTUCKET 0076 WASHINGTON ST 4223 0020 WELCH CARYL N 0038 GINGERBREAD HILL 0080 WASHINGTON ST MARBLEHEAD MA 01945 4223 0021 NAUTICAN REALTY CO INC PO BOX 1222 0090 WASHINGTON ST C/O CLIFFORD FLORENCE E NANTUCKET MA 02554 4223 0022 TAYLOR FLORENCE E PO BOX 1222 0092 WASHINGTON ST C/O CLIFFORD FLORENCE NANTUCKET MA 02554 NUMBER OF RECORDS = 23 PAGE 1 MUAS750 7.2 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: June /13 , 1994 CERTIFICATE OF GRANTING OFX7ADJ@=XNKXA= SPECIAL PERMIT (Massachusetts General Laws, Chapter 40A, Section 11) The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies that a XXXX,40=Xa0XU0aK SPECIAL PERMIT has been GnIANTED: To:(Owner /Applicant) NAUTICAN REALTY COMPANY (033 -94) .Address: Box 1222, Nantucket, MA 02554 affecting the rights of the Owner /Applicant with respect to land or building at: 96 Washington Street, Assessor's Map 55.1.4, Lot 8, as shown on Land Court Plan 8254 -E, Lot 13 Cert. of Title X1X%X$Q(ffdX: 5946 And the BOARD OF APPEALS further certifies that the attached Decision is a true and correct copy of its Decision GRANTING the VARIANCE and /or SPECIAL PERMIT and that copies of the Decision and of all plans referred to in the Decision have been filed with the Planning Board and the Town Clerk. The BOARD OF APPEALS calls to the attention of the Owner/ Applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides that no VARIANCE and /or SPECIAL PERMIT, or any EXTENSION, MODIFICATION or RENEWAL thereof, shall take effect until (a) a copy of the Decision is certified by the Town Clerk that TWENTY (20) days have elapsed after the Decision has been filed in the office of the Town Clerk and no appeal has been filed (or, if such appeal has been filed, that it has been dismissed or denied) and (b) the certified copy is recorded in the Registry of Deeds for the County of Nantucket and indexed in the grantor index under the name of the Owner of Record or is recorded and noted on the Owner's Certificate of Title. The fee for such recording or registering shall be paid by the Owner /Applicant. Chairman Clerk (d) At any events which involve amplified music or alcoholic beverages, no music shall be played and no liquor shall be served after 11:00 P.M. so that by 11:30 P.M. those in attendance can disburse and leave the premises. Liquor served shall be limited to beer and wine only. (e) Adequate fire, police and EMT protection shall be provided at each event as determined by the appropriate Town officials. (f) Events conducted on this site.must be for the benefit of not - for - profit organizations, governmental agencies or local community groups. In addition, the Board, by a unanimous vote, GRANTED Applicant's request to WITHDRAW WITHOUT PREJUDICE, the request for a finding and /or a Special Permit under §139 -33A. June %3 , 1994 1�" &44-- \%( S. q UAL WIlliam Hourihan f Michael Angelastro Junto /NautBOA